Document for Kalos Health, Inc. f/k/a ErieNiagara MLTCP, Inc. v. Kathy Hochul in her capacity as the governor of the State of New York, New York State Department Of Health, James V. Mcdonald Md, Mph in his capacity as the Commissioner of Health

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                                FILED: NIAGARA COUNTY CLERK 09/12/2023 03:27 PM                                                      INDEX NO. E180898/2023
NYSCEF DOC. NO. 7                                                                               RECEIVED NYSCEF: 09/12/2023


         SUPREME COURT OF THE STATE OF NEW YORK
         COUNTY OF NIAGARA


         KALOS HEALTH, INC.
         f/k/a ErieNiagara MLTCP, Inc.,
                                                       Petitioner-Plaintiff,            AFFIDAVIT OF
                       -against-                                                        PERSONAL SERVICE

         KATHY HOCHUL, in her capacity as the Governor
         of the State of New York, NEW YORK STATE                                       Index No.: E 180898/2023
         DEPARTMENT OF HEALTH and JAMES V.
         McDONALD, M.D., M.P.H., in his capacity as the
         Commissioner of Health,
                                          Respondent-Defendants.


         STATE OF NEW YORK                    )
                                              ) ss.:
         COUNTY OF ALBANY                     )

                 I, KELLY FINELL!, being duly sworn, deposes and says that she is over the age of eighteen
         (18) years; that on the 8th day of September, 2023, she personally served a copy of the Notice of
         Electronic Filing, Notice of Petition/Summons and Verified Petition and Complaint on the following
         parties for the above-referenced action:

         NYS Department of Health                                      Letitia James, NYS Attorney General
         James V. McDonald, M.D., Commissioner                         Empire State Plaza
           c/o Kathy Marks, General Counsel                            Justice Building, 2nd Floor
         Empire State Plaza, Coming Tower                              Albany, New York 12224
         Albany, New York 12203

         Dr. James V. McDonald, Commissioner                           The Honorable Kathleen Hochul, Governor
         New York State Department of Health                           State of New York
         Empire State Plaza, Corning Tower                             The Capitol
         Albany, New York 12203                                        Albany, New York 12224

         By leaving said documents for the Department of Health Respondent/Defendants at the Empire
         State Plaza, Corning Tower at 3: 10 PM with Eric Mantey, personally and who represented that he
         was authorized to accept service on same. Deponent further states that she describes the person
         served as follows:

                           Sex   Hair Color     Height (Approx.)        Age (Approx.)          Weight (Approx.)
                           M     Grey           5'9"                    55 yrs.                175 lbs.




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FILED: NIAGARA COUNTY CLERK 09/12/2023 03:27 PM                                           INDEX NO. E180898/2023
NYSCEF DOC. NO. 7                                                                   RECEIVED NYSCEF: 09/12/2023


         By leaving said documents for all Respondents/Defendants at the Empire State Plaza, Justice
         Building at 3: 15 PM with Amber Schofield, Office Assistant 1, personally and who represented
         that he was authorized to accept service on same. Deponent further states that she describes the
         person served as follows:

                      Sex   Hair Color   Height (Approx.)   Age (Approx.)         Weight (Approx.)
                      F     Blonde       5'8"               35 yrs.               145 lbs.


         By leaving said docwnents Respondent/Defendant Kathy Hochul at the Capitol Building in
         Albany, New York at 3:30 PM with Isabel Mora, Executive Assistant, personally and who
         represented that he was authorized to accept service on same. Deponent further states that she
         describes the person served as follows:

                      Sex   Hair Color   Height (Approx.)   Age (Approx.)         Weight (Approx.)
                      F     Blonde       5'7"               30 yrs.               140 lbs.




         {013 16302. 1}




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