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FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023
ANTOR "\)(/OLFF "hICASTRO & ALL
... . ...... .
INJURY ATTORNEYS
350 MAIN STREET SUITE"2140 BUFFALO NY 14202
TEL: 716.848.8000 FAX: 716.828.8156
November 17, 2023
Louis B. Dingeldey, Esq. - via email - idingeldev@hssnviaw.com
only
Baxter Smith & Shapiro, P.C.
182 Dwyer Street
West Seneca, New York 14224
Gregory P. Krull, Esq. - via email only - ekrull@lglaw.com
Lipsitz Green Scime Cambria LLP
42 Delaware Avenue, Suite 120
Buffalo, New York 14202
Thomas Lent, Esq. - via email only
- tmlent@mdwce.com
Marshall, Dennehey, Warner, Coleman & Goggin
717 State Street,#701
Erie, Pennsylvania 16501
Kristine N. Celeste, Esq. - via email
only
- KCeleste@dhpglaw.com
Duke, Holzman, Photiadis & Gresens, LLP
701 Seneca Street, Suite 750
Buffalo, New York 14210
RE: Sardo v. West Seneca Central School, et al
Index No. 805265/2020
Dear Counselors:
Enclosed are the Subpoena Duces Tecums which are out for service with regard to the above
matter.
Also enclosed is the Trial Subpoena for Plaintiff's Best Self records.
Thank you.
Very truly yours,
M $n*f/au
Rich Hall, Esq.
RH/rg
Enc.
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
N.J.S., an infant, by and through his TRIAL JUDICIAL SUBPOENA
Parent, and Natural Guardian, DUCES TECUM
MICHELE SARDO, and
MICHELE SARDO, Individually, Index No.: 805265/2020
Plaintiff,
-VS.-
WEST SENECA CENTRAL SCHOOL DISTRICT
WEST SENECA CENTRAL SCHOOL
DISTRICT BOARD OF EDUCATION
WEST SENIOR HIGH SCHOOL,
Defendants.
WEST SENECA CENTRAL SCHOOL DISTRICT
WEST SENECA CENTRAL SCHOOL
DISTRICT BOARD OF EDUCATION
WEST SENIOR HIGH SCHOOL,
Third-Party Plaintiffs
-vs-
CHRYSTLER LEE STORTZ,
MICHAEL JAMES STORTZ
BARBARA ANNE STORTZ, and
HEATHER THIBEALT a/k/a HEATHER A. STORTZ,
Third-Party Defendants
TO: Best Self Behavioral Health
140 Pine Street
Hamburg, NY 14075
1
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023
WE COMMAND YOU, that all business and excuses being laid aside, you produce
before the Honorable Dennis E. Ward, J.S.C., at Erie County Supreme Court, 25 Delaware
Avenue, 2nd Floor-Part 12, Buffalo, New York 14202 on the 14th day of December, 2023 at
10:00 a.m., any and all documents and/or information requested below:
Any and all CERTIFIED medical records including
psychotherapy notes for Norma Sardo, Date of Birth
10/14/2003, for the dates of May 10, 2019 to present
Please take notice that pursuant to CPLR 2301, all papers or other items delivered to the
Court pursuant to this subpoena must be accompanied by a copy of the subpoena itself.
Failure to comply with this subpoena is punishable as a contempt of court and shall make
you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed
FIFTY DOLLARS and all damages sustained by reason of your failure to comply in addition
thereto.
WITNESS; Rich Hall, Esq., an attorney of Cantor,Wolff, Nicastro & Hall, Buffalo, New
York, on the 17th day of November, 2023.
Dated: Buffalo, New York
November 17, 2023
/s/ 29 f/a4 /#g.
Rich Hall, Esq.
Cantor, Wolff, Nicastro & Hall
Attorneys for Plaintiff
350 Main Street, Suite 2100
Buffalo, New York 14202
(716) 848-8000
CC: Louis B. Dingeldey, Esq.
BAXTER SMITH & SHAPIRO, P.C.
Attorneys for Defendants/Third-Party PlaintijjPs
182 Dwyer Street
West Seneca, New York 14224
(716) 854-6140
2
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023
Thomas Lent, Esq.
MARSHALL DENNEHEY WARNER
COLEMAN & GOGGIN
Attorneys for Third-Party Defendant
Heather A. Thibealt a/k/a Heather A. Stortz
717 State Street, Suite 701
Erie, Pennsylvania 16501
(814) 480-7800
Gregory P. Krull, Esq.
LIPSITZ GREEN SCIME CAMBRIA LLP
Attorneys for Third-Party Defendant
Chrystler Lee Stortz
42 Delaware Avenue, Suite 120
Buffalo, New York 14202
(716) 849-1333
Kristine Celeste, Esq.
DUKE HOLZMAN PHOTIADIS & GRESENS LLP
701 Seneca Street, Suite 750
Buffalo, New York 14210
(716) 855-1111
3
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023
CERTIFICATION OF RECORDS
PURSUANT TO CPLR §3122-a
, being duly sworn, deposes and says:
1. I am the duly authorized custodian of the business records attached hereto or I have the
authority to make this certification.
2. To the best of my knowledge, aRer reasonable inquiry, the records and/or copies of records
attached hereto are all accurate copies of records / documents currently in the possession,
custody or control of Best Self Behavioral Health.
3. To the best of my knowledge, aher reasonable inquiry, the records or copies attached hereto
represent all of the documents described above.
OR
4. The attached records or documents do not represent a complete set of the documents
subpoenaed. A description of the documents missing and the reason for their absence are as
follows:
(Attach additional sheets if necessary.)
5. The copies of the records produced and attached hereto were made by the personnel or staff
of Bç_t Self Behavioral Health, or persons acting under their control, in the regular course of
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023
business at the time of the act, transaction, occurrence or event recorded therein, or within a
reasonable time thereafter, and that it was the regular course of business to make such records.
Signed:
( print name and sign above )
Sworn to before me this
day of , 20 .
Notary Public
IF THIS CERTIFICATION IS SIGNED BY A PHYSICIAN,
CHIROPRACTOR OR PODIATRIST LICENSED TO PRACTICE
IN THE STATE OF NEW YORK, IT IS NOT NECESSARY
THAT THE SIGNATURE BE NOTARIZED.
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023
. OCA Ofgicial Form No.: 960
AUTHOREATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA
IThis form has been approved by the New York State Department of Heakhi
Patient Name Date of Birth Social Security Number
Norma Sardo
Patient Address
24 Winegar Place. West Senees. New York 14210
L or my authorized representative, request that health infamsation regarding my care and treatment be released as set forth on this form:
In aceaniance with New York State Law and the Privacy Rule of the Heekh Insurance Portability and Accountability Act of 1996
(HIPAA), I smderstand that·
L This authorization may inefude disclosure of information relating to ALCOHOL and DRUG ABUSE, MENTAL HEALTH
HIV* RELATED
TREATMENT, except psychotherapy notes, and CONFIDENTEAL INFORMATION only if1 place my initials on
the appropriate line in Item 9(a), is the event the heakh inforrpation described below includes any of these types of infonnation. and I
initial the 1Ãne on the box in Item 9(a), I specifically authorize release of such information to the person(s) indicated in hem 8.
2. If I am authorizing the release of H1Wrelated, aleehot or drug treatment, or mental health treatment information, the recipient is
prohibited from redisclosing such information without my authorization emless permitted to do so under federal or state law. I
undestand that 1 have the right to request a list of people who may receive or use my HI¾related information without authorization. If
I experience discrimination because of the release or disclosure of Hi¾related information, t may contact the New York State Division
of Human Rights at (212) 480-2493 or the New York City Commission of Human Rights at (212) 306-7450. These agencies are
responsible for protecting my rights.
3. I have the right to revoke this authorization at any time by writing to the heakh care provider listed below. I anderstand that I may
revoke this authorization except to the extent that actica has already been taken based on this suthorization.
4. I understand that signing this authorization is voluntary. My treatmera, payment, enrolIment in a heakh plan, or eligibility for
benefits will not be conditioned upon my authorization of this disclosure.
5. infonnation disclosed under this authorization might be redisclosed by the recipient (except as noted above in Item 2), and this
redisclosure may no longer be protected by federal or state law.
6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL
CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECI FI ED IN ITEM 9 (b).
7. Name and address of health providerer entity to release this information:
Best Self Behavioral Health, 140 Pine Street, Hamburg, New York 14075
5. Name and address of person(s) or category of person to whom this information will be sent:
Honorable Dennis E. Ward, J.S.C., Erie County Supreme Court, 25 Delaware, 2nd Floor, Part 12, Buffalo, New York 14202
9(a). Specific information to be released:
O Medical Record from (insert date) to(insert date)
G Entire Medical Record, including patient histories, office notes (except psychotherapy notes), test results, radiology studies. films
referrals, consults, billing records, insurance records,and records seat to you by other heakh eme providers.
i Other: All records including notes include·
psychotherapy {indicate b Mtiating)
Alcohol/Drug Treatment
Mental Hem3th informaffan
Anthorization to Diseass Heatsh feformation _TJUWRelated Information
(b) O By initiating here ____ I suthorize
Initials Name of individual heakh care pmvider
to discuss my health information or a governmental here-
with my anomey, agency, Iisted
(Anomey/Firm Name or Governmental Agency Name)
I0. Reason for release of information: I L Date or event on which this sughorization will expire
O At request of individual
2 Other: Litigatiorn End of Litigaties
12. If not the paties, name of person signing form: 13. Anthority to sign on behalf of patient-
All items on this form have been completed and my questions about this form have been answered Jn addition, I have been provided a
copy of the form.
... 64/Yb4 A oaie:-wa2023___
Signature of patient or represemative authorized by law.
" Human Immunodeficiency Virus shot emuses M DS, The New York State Public Haakh Law protects information which reasonably couki
identify someone as having HIV symptoms or infection and information regarding a perseq*s contacts.
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
NJ.S., an infant, by and through his SUBPOENA DUCES TECUM
Parent, and Natural Guardian,
MICHELE SARDO, and
MICHELE SARDO, Individually, Index No.: 805265/2020
Plaintiff,
-vs.-
WEST SENECA CENTRAL SCHOOL DISTRICT
WEST SENECA CENTRAL SCHOOL
DISTRICT BOARD OF EDUCATION
WEST SENIOR HIGH SCHOOL,
Defendants.
WEST SENECA CENTRAL SCHOOL DISTRICT
WEST SENECA CENTRAL SCHOOL
DISTRICT BOARD OF EDUCATION
WEST SENIOR HIGH SCHOOL,
Third-Party Plaintiffs
-vs-
CHRYSTLER LEE STORTS,
MICHAEL JAMES STORTZ
BARBARA ANNE STORTZ, and
HEATHER THIBEALT a/k/a HEATHER A. STORTZ,
Third-Party Defendants
TO:
Buffalo Neuropsychology
1825 Maple Rd.; Ste. 200
Williamsville, NY 14221
1
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023
WE COMMAND YOU, that all business and excuses being laid aside, you appear in
your own person to produce to Cantor, Wolff, Nicastro & Hall, at 350 Main Street Suite 2140,
Buffalo, New York 14202, on December 15, 2023, 2023 at 10:00 a.m., any and all documents
and/or information requested below. These documents are material and necessary to the
prosecution of this action. The following certified documents are to be produced to our office
pursuant to Porche v Binette, 155 AD 3d 1676 (45 Dept. 2017):
1. Certified copies of all billing and payment records, including 1099's, invoices,
statements, bills, electronically stored or otherwise, related to financial compensation exchanged
for any matter (not solely the present litigation) between Michael Santa Maria Ph.D., Buffalo
Neuropsychology, Psychology Services Of WNY, PC, Neuropsychology & Psychology
Services, PC and any law firm/lawyer, their employees, agents and/or servants, or any entity on
their behalf, including but not limited to third party Independent Medical Examinations (IME)
companies such as LegalMed or Diamond Medical Examinations, for testimony (trial or
deposition), Independent Medical Examinations (IME), Neuropsychological
evaluation-Independent Medical Examinations (IME), Peer Reviews, Medical Records Reviews,
and/or Narrative Reports from September 1, 2009 to present. This request excludes any of the
aforementioned prepared for a patient of Michael Santa Maria Ph.D.
2. Certified copies of all billing and payment records, including 1099's, invoices,
statements, bills, electronically stored or otherwise, related to financial compensation exchanged
for any matter (not solely the present litigation) between Michael Santa Maria Ph.D, Buffalo
Neuropsychology, Psychology Services Of WNY, PC, Neuropsychology & Psychology
Services, PC and any insurance company, their employees, agents and/or servants, or any entity
on their behalf, including but not limited to third party Independent Medical Examinations (IME)
companies such as LegalMed or Diamond Medical Examinations, for testimony (trial or
deposition), Independent Medical Examinations (IME), Neuropsychological
evaluation-Independent Medical Examinations (IME), Peer Reviews, Medical Records Reviews,
and/or Narrative Reports from September 1, 2009 to present. This request excludes any of the
aforementioned prepared for a patient of Michael Santa Maria Ph.D.
3. Certified copies of all billing and payment records, including 1099's, invoices,
statements, bills, electronically stored or otherwise, related to financial compensation exchanged
for any matter (not solely the present litigation) between Michael Santa Maria Ph.D, Buffalo
Neuropsychology, Psychology Services Of WNY, PC, Neuropsychology & Psychology
Services, PC and any third party IME companies such as LegalMed or Diamond Medical
Examinations and any attorney/law firm, for testimony (trial or deposition), Independent Medical
Examinations (IME), Peer Reviews, Medical Records Reviews, and/or Narrative Reports from
2
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023
September 1, 2009 to present. This request excludes any of the aforementioned prepared for a
patient of Michael Santa Maria Ph.D.
4. A written testimony and deposition record of Michael Santa Maria Ph.D. including any
and all cases wherein Michael Santa Maria Ph.D. was deposed or testified from September 1,
2009 to present.
5. The entire file regarding Norma Sardo in possession of Michael Santa Maria Ph.D,
Buffalo Neuropsychology, Psychology Services Of WNY, PC, or Neuropsychology &
Psychology Services, PC. concerning the examination and/or evaluation of Norma Sardo.
Including but not limited to, all records, all correspondence received by you or generated from
you, to or from any law firm, or Insurance Company or representatives of the defendant..
6. All billing statements generated by Michael Santa Maria Ph.D, Buffalo
Neuropsychology, Psychology Services Of WNY, PC, Neuropsychology & Psychology
Services, PC in relation to Norma Sardo.
PLEASE TAKE NOTICE, pursuant to Section 3101(a)(4) of the Civil Practice Law and
Rules, that the reason the disclosure herein is sought is for the purpose of obtaining matter
necessary in the prosecution or defense of the above-captioned lawsuit. All information
requested will assist Plaintiff in preparing questions regarding opinions, bias, motive and interest
of Michael Santa Maria Ph.D. in this case.
AND, for failure to attend you will be deemed guilty of contempt of Court, and liable to
pay all losses or damages sustained thereby the parties aggrieved, and forfeit FIFTY DOLLARS
in addition thereto.
WITNESS; Rich Hall, Esq., an attorney of Cantor, Wolff, Nicastro & Hall, Buffalo, New
York, on the 15th day of November, 2023.
Dated: Buffalo, New York
November 15, 2023
/s! Bidt flaft faq.
Rich Hall, Esq.
Cantor, Wolff, Nicastro & Hall
Attorneys for Plaintiff
350 Main Street, Suite 2100
Buffalo, New York 14202
(716) 848-8000
3
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023
INSTRUCTIONS RELATED TO SUBPOENA
In order to comply with the subpoena herewith served upon you, you should do
the following: Make a copy of all documents to which the subpoena refers. Attach the
certification of business records enclosed with this subpoena along with a copy of
the subpoena. This certification must be signed by a records custodian from
your office and notarized by a notary public. Deliver the documents to Cantor, Wolff, Nicastro
& Hall, at 350 Main Street Suite 2140, Buffalo, New York 14202, on December 15, 2023 at
10:00 a.m. The records must be received by the date and time set forth in the subpoena.
CC: Louis B. Dingeldey, Esq.
BAXTER SMITH & SHAPIRO, P.C.
Attorneys for Defendantsffhird-Party Plaintiffs
182 Dwyer Street
West Seneca, New York 14224
(716) 854-6140
Gregory P. Krull, Esq.
LIPSITZ GREEN SCIME CAMBRIA LLP
Attorneys for Third-Party Defendant
Chrystler Lee Stortz
42 Delaware Avenue, Suite 120
Buffalo, New York 14202
(716) 849-1333
Kristine Celeste, Esq.
DUKE HOLZMAN PHOTIADIS & GRESENS LLP
Attorneys for Third-Party Defendant Michael Stortz and Heather Thibealt
701 Seneca Street, Suite 750
Buffalo, New York 14210
(716) 855-1111
4
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023
CERTIFICATION OF RECORDS
PURSUANT TO CPLR §3122-a
, being duly sworn, deposes and says:
1. I am the duly authorized custodian of the business records attached hereto or I have the
authority to make this certification.
2. To the best of my knowledge, after reasonable inquiry, the records and/or copies of records
attached hereto are all accurate copies of records / documents currently in the possession,
custody or control of Buffalo Neuropsychology.
3. To the best of my knowledge, after reasonable inquiry, the records or copies attached hereto
represent all of the documents described above.
OR
4. The attached records or documents do not represent a complete set of the documents
subpoenaed. A description of the documents missing and the reason for their absence are as
follows:
(Attach additional sheets if necessary.)
5. The copies of the records produced and attached hereto were made by the personnel or staff
of Buffalo Neuropsycholoev, or persons acting under their control, in the regular course of
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023
business at the time of the act, transaction, occurrence or event recorded therein, or within a
reasonable time thereafter, and that it was the regular course of business to make such records.
Preview
FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023 ANTOR "\)(/OLFF "hICASTRO & ALL ... . ...... . INJURY ATTORNEYS 350 MAIN STREET SUITE"2140 BUFFALO NY 14202 TEL: 716.848.8000 FAX: 716.828.8156 November 17, 2023 Louis B. Dingeldey, Esq. - via email - idingeldev@hssnviaw.com only Baxter Smith & Shapiro, P.C. 182 Dwyer Street West Seneca, New York 14224 Gregory P. Krull, Esq. - via email only - ekrull@lglaw.com Lipsitz Green Scime Cambria LLP 42 Delaware Avenue, Suite 120 Buffalo, New York 14202 Thomas Lent, Esq. - via email only - tmlent@mdwce.com Marshall, Dennehey, Warner, Coleman & Goggin 717 State Street,#701 Erie, Pennsylvania 16501 Kristine N. Celeste, Esq. - via email only - KCeleste@dhpglaw.com Duke, Holzman, Photiadis & Gresens, LLP 701 Seneca Street, Suite 750 Buffalo, New York 14210 RE: Sardo v. West Seneca Central School, et al Index No. 805265/2020 Dear Counselors: Enclosed are the Subpoena Duces Tecums which are out for service with regard to the above matter. Also enclosed is the Trial Subpoena for Plaintiff's Best Self records. Thank you. Very truly yours, M $n*f/au Rich Hall, Esq. RH/rg Enc. FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE N.J.S., an infant, by and through his TRIAL JUDICIAL SUBPOENA Parent, and Natural Guardian, DUCES TECUM MICHELE SARDO, and MICHELE SARDO, Individually, Index No.: 805265/2020 Plaintiff, -VS.- WEST SENECA CENTRAL SCHOOL DISTRICT WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION WEST SENIOR HIGH SCHOOL, Defendants. WEST SENECA CENTRAL SCHOOL DISTRICT WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION WEST SENIOR HIGH SCHOOL, Third-Party Plaintiffs -vs- CHRYSTLER LEE STORTZ, MICHAEL JAMES STORTZ BARBARA ANNE STORTZ, and HEATHER THIBEALT a/k/a HEATHER A. STORTZ, Third-Party Defendants TO: Best Self Behavioral Health 140 Pine Street Hamburg, NY 14075 1 FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023 WE COMMAND YOU, that all business and excuses being laid aside, you produce before the Honorable Dennis E. Ward, J.S.C., at Erie County Supreme Court, 25 Delaware Avenue, 2nd Floor-Part 12, Buffalo, New York 14202 on the 14th day of December, 2023 at 10:00 a.m., any and all documents and/or information requested below: Any and all CERTIFIED medical records including psychotherapy notes for Norma Sardo, Date of Birth 10/14/2003, for the dates of May 10, 2019 to present Please take notice that pursuant to CPLR 2301, all papers or other items delivered to the Court pursuant to this subpoena must be accompanied by a copy of the subpoena itself. Failure to comply with this subpoena is punishable as a contempt of court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed FIFTY DOLLARS and all damages sustained by reason of your failure to comply in addition thereto. WITNESS; Rich Hall, Esq., an attorney of Cantor,Wolff, Nicastro & Hall, Buffalo, New York, on the 17th day of November, 2023. Dated: Buffalo, New York November 17, 2023 /s/ 29 f/a4 /#g. Rich Hall, Esq. Cantor, Wolff, Nicastro & Hall Attorneys for Plaintiff 350 Main Street, Suite 2100 Buffalo, New York 14202 (716) 848-8000 CC: Louis B. Dingeldey, Esq. BAXTER SMITH & SHAPIRO, P.C. Attorneys for Defendants/Third-Party PlaintijjPs 182 Dwyer Street West Seneca, New York 14224 (716) 854-6140 2 FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023 Thomas Lent, Esq. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Attorneys for Third-Party Defendant Heather A. Thibealt a/k/a Heather A. Stortz 717 State Street, Suite 701 Erie, Pennsylvania 16501 (814) 480-7800 Gregory P. Krull, Esq. LIPSITZ GREEN SCIME CAMBRIA LLP Attorneys for Third-Party Defendant Chrystler Lee Stortz 42 Delaware Avenue, Suite 120 Buffalo, New York 14202 (716) 849-1333 Kristine Celeste, Esq. DUKE HOLZMAN PHOTIADIS & GRESENS LLP 701 Seneca Street, Suite 750 Buffalo, New York 14210 (716) 855-1111 3 FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023 CERTIFICATION OF RECORDS PURSUANT TO CPLR §3122-a , being duly sworn, deposes and says: 1. I am the duly authorized custodian of the business records attached hereto or I have the authority to make this certification. 2. To the best of my knowledge, aRer reasonable inquiry, the records and/or copies of records attached hereto are all accurate copies of records / documents currently in the possession, custody or control of Best Self Behavioral Health. 3. To the best of my knowledge, aher reasonable inquiry, the records or copies attached hereto represent all of the documents described above. OR 4. The attached records or documents do not represent a complete set of the documents subpoenaed. A description of the documents missing and the reason for their absence are as follows: (Attach additional sheets if necessary.) 5. The copies of the records produced and attached hereto were made by the personnel or staff of Bç_t Self Behavioral Health, or persons acting under their control, in the regular course of FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023 business at the time of the act, transaction, occurrence or event recorded therein, or within a reasonable time thereafter, and that it was the regular course of business to make such records. Signed: ( print name and sign above ) Sworn to before me this day of , 20 . Notary Public IF THIS CERTIFICATION IS SIGNED BY A PHYSICIAN, CHIROPRACTOR OR PODIATRIST LICENSED TO PRACTICE IN THE STATE OF NEW YORK, IT IS NOT NECESSARY THAT THE SIGNATURE BE NOTARIZED. FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023 . OCA Ofgicial Form No.: 960 AUTHOREATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA IThis form has been approved by the New York State Department of Heakhi Patient Name Date of Birth Social Security Number Norma Sardo Patient Address 24 Winegar Place. West Senees. New York 14210 L or my authorized representative, request that health infamsation regarding my care and treatment be released as set forth on this form: In aceaniance with New York State Law and the Privacy Rule of the Heekh Insurance Portability and Accountability Act of 1996 (HIPAA), I smderstand that· L This authorization may inefude disclosure of information relating to ALCOHOL and DRUG ABUSE, MENTAL HEALTH HIV* RELATED TREATMENT, except psychotherapy notes, and CONFIDENTEAL INFORMATION only if1 place my initials on the appropriate line in Item 9(a), is the event the heakh inforrpation described below includes any of these types of infonnation. and I initial the 1Ãne on the box in Item 9(a), I specifically authorize release of such information to the person(s) indicated in hem 8. 2. If I am authorizing the release of H1Wrelated, aleehot or drug treatment, or mental health treatment information, the recipient is prohibited from redisclosing such information without my authorization emless permitted to do so under federal or state law. I undestand that 1 have the right to request a list of people who may receive or use my HI¾related information without authorization. If I experience discrimination because of the release or disclosure of Hi¾related information, t may contact the New York State Division of Human Rights at (212) 480-2493 or the New York City Commission of Human Rights at (212) 306-7450. These agencies are responsible for protecting my rights. 3. I have the right to revoke this authorization at any time by writing to the heakh care provider listed below. I anderstand that I may revoke this authorization except to the extent that actica has already been taken based on this suthorization. 4. I understand that signing this authorization is voluntary. My treatmera, payment, enrolIment in a heakh plan, or eligibility for benefits will not be conditioned upon my authorization of this disclosure. 5. infonnation disclosed under this authorization might be redisclosed by the recipient (except as noted above in Item 2), and this redisclosure may no longer be protected by federal or state law. 6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECI FI ED IN ITEM 9 (b). 7. Name and address of health providerer entity to release this information: Best Self Behavioral Health, 140 Pine Street, Hamburg, New York 14075 5. Name and address of person(s) or category of person to whom this information will be sent: Honorable Dennis E. Ward, J.S.C., Erie County Supreme Court, 25 Delaware, 2nd Floor, Part 12, Buffalo, New York 14202 9(a). Specific information to be released: O Medical Record from (insert date) to(insert date) G Entire Medical Record, including patient histories, office notes (except psychotherapy notes), test results, radiology studies. films referrals, consults, billing records, insurance records,and records seat to you by other heakh eme providers. i Other: All records including notes include· psychotherapy {indicate b Mtiating) Alcohol/Drug Treatment Mental Hem3th informaffan Anthorization to Diseass Heatsh feformation _TJUWRelated Information (b) O By initiating here ____ I suthorize Initials Name of individual heakh care pmvider to discuss my health information or a governmental here- with my anomey, agency, Iisted (Anomey/Firm Name or Governmental Agency Name) I0. Reason for release of information: I L Date or event on which this sughorization will expire O At request of individual 2 Other: Litigatiorn End of Litigaties 12. If not the paties, name of person signing form: 13. Anthority to sign on behalf of patient- All items on this form have been completed and my questions about this form have been answered Jn addition, I have been provided a copy of the form. ... 64/Yb4 A oaie:-wa2023___ Signature of patient or represemative authorized by law. " Human Immunodeficiency Virus shot emuses M DS, The New York State Public Haakh Law protects information which reasonably couki identify someone as having HIV symptoms or infection and information regarding a perseq*s contacts. FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE NJ.S., an infant, by and through his SUBPOENA DUCES TECUM Parent, and Natural Guardian, MICHELE SARDO, and MICHELE SARDO, Individually, Index No.: 805265/2020 Plaintiff, -vs.- WEST SENECA CENTRAL SCHOOL DISTRICT WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION WEST SENIOR HIGH SCHOOL, Defendants. WEST SENECA CENTRAL SCHOOL DISTRICT WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION WEST SENIOR HIGH SCHOOL, Third-Party Plaintiffs -vs- CHRYSTLER LEE STORTS, MICHAEL JAMES STORTZ BARBARA ANNE STORTZ, and HEATHER THIBEALT a/k/a HEATHER A. STORTZ, Third-Party Defendants TO: Buffalo Neuropsychology 1825 Maple Rd.; Ste. 200 Williamsville, NY 14221 1 FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023 WE COMMAND YOU, that all business and excuses being laid aside, you appear in your own person to produce to Cantor, Wolff, Nicastro & Hall, at 350 Main Street Suite 2140, Buffalo, New York 14202, on December 15, 2023, 2023 at 10:00 a.m., any and all documents and/or information requested below. These documents are material and necessary to the prosecution of this action. The following certified documents are to be produced to our office pursuant to Porche v Binette, 155 AD 3d 1676 (45 Dept. 2017): 1. Certified copies of all billing and payment records, including 1099's, invoices, statements, bills, electronically stored or otherwise, related to financial compensation exchanged for any matter (not solely the present litigation) between Michael Santa Maria Ph.D., Buffalo Neuropsychology, Psychology Services Of WNY, PC, Neuropsychology & Psychology Services, PC and any law firm/lawyer, their employees, agents and/or servants, or any entity on their behalf, including but not limited to third party Independent Medical Examinations (IME) companies such as LegalMed or Diamond Medical Examinations, for testimony (trial or deposition), Independent Medical Examinations (IME), Neuropsychological evaluation-Independent Medical Examinations (IME), Peer Reviews, Medical Records Reviews, and/or Narrative Reports from September 1, 2009 to present. This request excludes any of the aforementioned prepared for a patient of Michael Santa Maria Ph.D. 2. Certified copies of all billing and payment records, including 1099's, invoices, statements, bills, electronically stored or otherwise, related to financial compensation exchanged for any matter (not solely the present litigation) between Michael Santa Maria Ph.D, Buffalo Neuropsychology, Psychology Services Of WNY, PC, Neuropsychology & Psychology Services, PC and any insurance company, their employees, agents and/or servants, or any entity on their behalf, including but not limited to third party Independent Medical Examinations (IME) companies such as LegalMed or Diamond Medical Examinations, for testimony (trial or deposition), Independent Medical Examinations (IME), Neuropsychological evaluation-Independent Medical Examinations (IME), Peer Reviews, Medical Records Reviews, and/or Narrative Reports from September 1, 2009 to present. This request excludes any of the aforementioned prepared for a patient of Michael Santa Maria Ph.D. 3. Certified copies of all billing and payment records, including 1099's, invoices, statements, bills, electronically stored or otherwise, related to financial compensation exchanged for any matter (not solely the present litigation) between Michael Santa Maria Ph.D, Buffalo Neuropsychology, Psychology Services Of WNY, PC, Neuropsychology & Psychology Services, PC and any third party IME companies such as LegalMed or Diamond Medical Examinations and any attorney/law firm, for testimony (trial or deposition), Independent Medical Examinations (IME), Peer Reviews, Medical Records Reviews, and/or Narrative Reports from 2 FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023 September 1, 2009 to present. This request excludes any of the aforementioned prepared for a patient of Michael Santa Maria Ph.D. 4. A written testimony and deposition record of Michael Santa Maria Ph.D. including any and all cases wherein Michael Santa Maria Ph.D. was deposed or testified from September 1, 2009 to present. 5. The entire file regarding Norma Sardo in possession of Michael Santa Maria Ph.D, Buffalo Neuropsychology, Psychology Services Of WNY, PC, or Neuropsychology & Psychology Services, PC. concerning the examination and/or evaluation of Norma Sardo. Including but not limited to, all records, all correspondence received by you or generated from you, to or from any law firm, or Insurance Company or representatives of the defendant.. 6. All billing statements generated by Michael Santa Maria Ph.D, Buffalo Neuropsychology, Psychology Services Of WNY, PC, Neuropsychology & Psychology Services, PC in relation to Norma Sardo. PLEASE TAKE NOTICE, pursuant to Section 3101(a)(4) of the Civil Practice Law and Rules, that the reason the disclosure herein is sought is for the purpose of obtaining matter necessary in the prosecution or defense of the above-captioned lawsuit. All information requested will assist Plaintiff in preparing questions regarding opinions, bias, motive and interest of Michael Santa Maria Ph.D. in this case. AND, for failure to attend you will be deemed guilty of contempt of Court, and liable to pay all losses or damages sustained thereby the parties aggrieved, and forfeit FIFTY DOLLARS in addition thereto. WITNESS; Rich Hall, Esq., an attorney of Cantor, Wolff, Nicastro & Hall, Buffalo, New York, on the 15th day of November, 2023. Dated: Buffalo, New York November 15, 2023 /s! Bidt flaft faq. Rich Hall, Esq. Cantor, Wolff, Nicastro & Hall Attorneys for Plaintiff 350 Main Street, Suite 2100 Buffalo, New York 14202 (716) 848-8000 3 FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023 INSTRUCTIONS RELATED TO SUBPOENA In order to comply with the subpoena herewith served upon you, you should do the following: Make a copy of all documents to which the subpoena refers. Attach the certification of business records enclosed with this subpoena along with a copy of the subpoena. This certification must be signed by a records custodian from your office and notarized by a notary public. Deliver the documents to Cantor, Wolff, Nicastro & Hall, at 350 Main Street Suite 2140, Buffalo, New York 14202, on December 15, 2023 at 10:00 a.m. The records must be received by the date and time set forth in the subpoena. CC: Louis B. Dingeldey, Esq. BAXTER SMITH & SHAPIRO, P.C. Attorneys for Defendantsffhird-Party Plaintiffs 182 Dwyer Street West Seneca, New York 14224 (716) 854-6140 Gregory P. Krull, Esq. LIPSITZ GREEN SCIME CAMBRIA LLP Attorneys for Third-Party Defendant Chrystler Lee Stortz 42 Delaware Avenue, Suite 120 Buffalo, New York 14202 (716) 849-1333 Kristine Celeste, Esq. DUKE HOLZMAN PHOTIADIS & GRESENS LLP Attorneys for Third-Party Defendant Michael Stortz and Heather Thibealt 701 Seneca Street, Suite 750 Buffalo, New York 14210 (716) 855-1111 4 FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023 CERTIFICATION OF RECORDS PURSUANT TO CPLR §3122-a , being duly sworn, deposes and says: 1. I am the duly authorized custodian of the business records attached hereto or I have the authority to make this certification. 2. To the best of my knowledge, after reasonable inquiry, the records and/or copies of records attached hereto are all accurate copies of records / documents currently in the possession, custody or control of Buffalo Neuropsychology. 3. To the best of my knowledge, after reasonable inquiry, the records or copies attached hereto represent all of the documents described above. OR 4. The attached records or documents do not represent a complete set of the documents subpoenaed. A description of the documents missing and the reason for their absence are as follows: (Attach additional sheets if necessary.) 5. The copies of the records produced and attached hereto were made by the personnel or staff of Buffalo Neuropsycholoev, or persons acting under their control, in the regular course of FILED: ERIE COUNTY CLERK 11/20/2023 02:31 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 11/20/2023 business at the time of the act, transaction, occurrence or event recorded therein, or within a reasonable time thereafter, and that it was the regular course of business to make such records.