Preview
FILED: ONONDAGA COUNTY CLERK 01/18/2024 11:36 AM INDEX NO. 007476/2018
NYSCEF DOC. NO. 317 RECEIVED NYSCEF: 01/18/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
VALERIE AUSTIN and AMANDA DILLON, as SUBPOENA AD
co-administrators for the ESTATE OF LARRY C. AUSTIN, TESTIFICANDUM
Plaintiffs,
INDEX NO.:007476/2018
vs. JUDGE: LAMENDOLA
PAWAN K. RAO, M.D.; BRIAN CHANGLAI, M.D.;
JEANNE BISHOP, M.D.; and OVID NEULANDER, M.D.;
Defendants.
THE PEOPLE OF THE STATE OF NEW YORK
To: Ray T. Forbes, M.D.
64 State Street
Skaneateles, New York 13152
WE COMMAND YOU, That all business and excuses being laid aside, you and each of you
appear before The Honorable Joseph E. Lamendola, Justice of the Supreme Court at the Onondaga
County Courthouse on the 26TH day of January, 2024 at 10 o'clock, in the forenoon, and at any
recessed or adjourned date to give testimony in this action on the part of defendant Ovid Neulander,
M.D. and that you bring with you, and produce at the time and place aforesaid, all records of any
nature, kind and form concerning themselves with Larry C. Austin, born August 30, 1954, including
but not limited to medical records, radiology studies/reports, pleadings, transcripts, correspondence and
notes that you were provided by Plaintiffs, Plaintiffs’ Counsel and/or any representative of Plaintiffs,
and any notes created by you or on your behalf.
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.
Sugarman Law Firm, LLP • 211 West Jefferson Street • Syracuse, NY 13202-2680
FILED: ONONDAGA COUNTY CLERK 01/18/2024 11:36 AM INDEX NO. 007476/2018
NYSCEF DOC. NO. 317 RECEIVED NYSCEF: 01/18/2024
Dated: January 10, 2024
Zachary M. Mattison, Esq.
SUGARMAN LAW FIRM, LLP
Attorneys for Ovid Neulander, M.D.
211 West Jefferson Street
Syracuse, New York 13202
Telephone: (315) 474-2943
Sugarman Law Firm, LLP • 211 West Jefferson Street • Syracuse, NY 13202-2680
FILED: ONONDAGA COUNTY CLERK 01/18/2024 11:36 AM INDEX NO. 007476/2018
NYSCEF DOC. NO. 317 RECEIVED NYSCEF: 01/18/2024
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA
Plaintiff/ Petitioner: AFFIDAVIT OF SERVICE
VALERIE AUSTIN and AMANDA DILLON, as SUBPOENA AD co- Index No:
administrators for the ESTATE OF LARRY C. AUSTIN, 007476/2018
Defendant/ Respondent:
PAWAN K. RAO, M.D.; BRIAN CHANGLAI, M.D.;JEANNE BISHOP,
M.O.; and OVID NEULANDER, M.D.;
The undersigned being duly sworn, deposes and says; deponent is not a party herein, is over 18 years of age and resides at PO Box 6281,
S,::racuse, NY 13217. That on JANUARY 11, 2024 AT 5:20 PM AT 64 Main Street Skaneateles NY deponent served the within SUBPOENA AD
TESTIFICANDUM AND CHECK FOR $47.48 on Ra,:: T. Forbes, M.D.
IX] Individual: by delivering a true copy of each to said defendant, personally; deponent knew the person so served to be the person
described as said defendant therein.
D Corporation: _ _ _ _ _ _ _ a defendant, therein named, by delivering a true copy of each to _ _ _ _ _ __
personally, deponent knew said corporation so served to be the corporation described, and knew said individual to be
_ _ _ _ _ _ _ thereof.
D Suitable Person: by delivering thereat, a true copy of each to _ _ _ _ _ _ _ a person of suitable age and discretion.
D Affixing to Door: by affixing a true copy of each to the door thereof, deponent was unable with due diligence to find defendant, or a
person of suitable age or discretion thereat, having called thereon; at
D Mailing: Deponent also enclosed a copy of same, in a postpaid sealed wrapper properly addressed to said defendant at defendant's
last known residence, _ _ _ _ _ _ _, and depositing said wrapper in a post office, official depository under the exclusive care
and custody of the United States Post Office, department, with New York State. Malled on _ _ _ _ _ __
IX] Military Service: I asked the person spoken to whether defendant was in active military service of the United States or of the State of
New York in any capacity whatever and received a negative reply. Defendant wore ordinary civilian clothes and no military uniform. The
source of my information and the ground of my belief are the conversations and observations above narrated. Upon information and
belief I aver that the defendant is not in the military service of New York State or of the United States as that term is defined in either
the State or in the Federal statutes.
Description:
-------
Age: 65-75 Ethnicity: CAUCASIAN Gender:
-------
MALE Weight: _2o_s_ _ __
Height:
------
6'2" Hair: BROWN Eyes: BROWN Relationship:
I affirm this 12 day of JANUARY, 2024, under the penalties of perjury
under the laws of New York, which may include a fine or
imprisonment, that the foregoing is true, and I understand that this
document may be filed in an action or proceeding in a court of law.
Preview
FILED: ONONDAGA COUNTY CLERK 01/18/2024 11:36 AM INDEX NO. 007476/2018 NYSCEF DOC. NO. 317 RECEIVED NYSCEF: 01/18/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA VALERIE AUSTIN and AMANDA DILLON, as SUBPOENA AD co-administrators for the ESTATE OF LARRY C. AUSTIN, TESTIFICANDUM Plaintiffs, INDEX NO.:007476/2018 vs. JUDGE: LAMENDOLA PAWAN K. RAO, M.D.; BRIAN CHANGLAI, M.D.; JEANNE BISHOP, M.D.; and OVID NEULANDER, M.D.; Defendants. THE PEOPLE OF THE STATE OF NEW YORK To: Ray T. Forbes, M.D. 64 State Street Skaneateles, New York 13152 WE COMMAND YOU, That all business and excuses being laid aside, you and each of you appear before The Honorable Joseph E. Lamendola, Justice of the Supreme Court at the Onondaga County Courthouse on the 26TH day of January, 2024 at 10 o'clock, in the forenoon, and at any recessed or adjourned date to give testimony in this action on the part of defendant Ovid Neulander, M.D. and that you bring with you, and produce at the time and place aforesaid, all records of any nature, kind and form concerning themselves with Larry C. Austin, born August 30, 1954, including but not limited to medical records, radiology studies/reports, pleadings, transcripts, correspondence and notes that you were provided by Plaintiffs, Plaintiffs’ Counsel and/or any representative of Plaintiffs, and any notes created by you or on your behalf. 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. Sugarman Law Firm, LLP • 211 West Jefferson Street • Syracuse, NY 13202-2680 FILED: ONONDAGA COUNTY CLERK 01/18/2024 11:36 AM INDEX NO. 007476/2018 NYSCEF DOC. NO. 317 RECEIVED NYSCEF: 01/18/2024 Dated: January 10, 2024 Zachary M. Mattison, Esq. SUGARMAN LAW FIRM, LLP Attorneys for Ovid Neulander, M.D. 211 West Jefferson Street Syracuse, New York 13202 Telephone: (315) 474-2943 Sugarman Law Firm, LLP • 211 West Jefferson Street • Syracuse, NY 13202-2680 FILED: ONONDAGA COUNTY CLERK 01/18/2024 11:36 AM INDEX NO. 007476/2018 NYSCEF DOC. NO. 317 RECEIVED NYSCEF: 01/18/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA Plaintiff/ Petitioner: AFFIDAVIT OF SERVICE VALERIE AUSTIN and AMANDA DILLON, as SUBPOENA AD co- Index No: administrators for the ESTATE OF LARRY C. AUSTIN, 007476/2018 Defendant/ Respondent: PAWAN K. RAO, M.D.; BRIAN CHANGLAI, M.D.;JEANNE BISHOP, M.O.; and OVID NEULANDER, M.D.; The undersigned being duly sworn, deposes and says; deponent is not a party herein, is over 18 years of age and resides at PO Box 6281, S,::racuse, NY 13217. That on JANUARY 11, 2024 AT 5:20 PM AT 64 Main Street Skaneateles NY deponent served the within SUBPOENA AD TESTIFICANDUM AND CHECK FOR $47.48 on Ra,:: T. Forbes, M.D. IX] Individual: by delivering a true copy of each to said defendant, personally; deponent knew the person so served to be the person described as said defendant therein. D Corporation: _ _ _ _ _ _ _ a defendant, therein named, by delivering a true copy of each to _ _ _ _ _ __ personally, deponent knew said corporation so served to be the corporation described, and knew said individual to be _ _ _ _ _ _ _ thereof. D Suitable Person: by delivering thereat, a true copy of each to _ _ _ _ _ _ _ a person of suitable age and discretion. D Affixing to Door: by affixing a true copy of each to the door thereof, deponent was unable with due diligence to find defendant, or a person of suitable age or discretion thereat, having called thereon; at D Mailing: Deponent also enclosed a copy of same, in a postpaid sealed wrapper properly addressed to said defendant at defendant's last known residence, _ _ _ _ _ _ _, and depositing said wrapper in a post office, official depository under the exclusive care and custody of the United States Post Office, department, with New York State. Malled on _ _ _ _ _ __ IX] Military Service: I asked the person spoken to whether defendant was in active military service of the United States or of the State of New York in any capacity whatever and received a negative reply. Defendant wore ordinary civilian clothes and no military uniform. The source of my information and the ground of my belief are the conversations and observations above narrated. Upon information and belief I aver that the defendant is not in the military service of New York State or of the United States as that term is defined in either the State or in the Federal statutes. Description: ------- Age: 65-75 Ethnicity: CAUCASIAN Gender: ------- MALE Weight: _2o_s_ _ __ Height: ------ 6'2" Hair: BROWN Eyes: BROWN Relationship: I affirm this 12 day of JANUARY, 2024, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law.