On February 09, 2023 a
Party Statement
was filed
involving a dispute between
State Of New York,
and
Franklin Lugo,
for Other Matters - Contract - Other
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 04/09/2024 01:30 PM INDEX NO. 603433/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
STATE OF NEW YORK,
AFFIRMATION IN SUPPORT
Plaintiff, OF APPLICATION FOR
DEFAULT JUDGMENT FOR
FAILURE TO APPEAR
- against -
INDEX No.: 603433/2023
FRANKLIN LUGO
Defendant(s).
376111
STATE OF NEW YORK
SS
COUNTY OF SUFFOLK
ANNE NARIE RAGO, an attorney admitted to practice in New
York State, affirms the truth of the following under penalty of
perjury.
1. I am an Assistant Attorney General of the State of New
York. The Office of the Attorney General represents the State
of New York by and through the State University of New York
Stony Brook University ("SUNY Stony Brook") in this action.
2. I am fully familiar with the facts and circumstances
of this action. I have obtained knowledge of the facts
pertinent to this action through my review of official records
and electronic databases of SUNY Stony Brook, and the Attorney
General's case file for this matter.
3. Accordingly, I am authorized to make this attorney
affirmation in support of this application for a default
judgment pursuant to§ 3215(f) of the New York Civil Practice
Law and Rules.
4. This action is based UPON breach of contract to
recover the sum of $2,737.28, for medical services provided to
FL by SUNY Stony Brook, and for which demand has been made.
5. The State commenced this action by filing a Summons
with Notice with the Suffolk County Clerk's office on
February 9, 2023
6. Pursuant to CPLR § 3215(f), a plaintiff must submit
the following in support of an application for entry of default
judgment:
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FILED: SUFFOLK COUNTY CLERK 04/09/2024 01:30 PM INDEX NO. 603433/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024
a. Proof of service of the Summons with Notice;
b. Proof of defendant's default;
c. Proof of the facts constituting the claim and of the
amount due.
PROOF OF SERVICE
7. The State served the Summons with Notice on
defendant(s) pursuant to the CPLR on February 25, 2023. A copy
of the Affidavit of Service was filed with the Suffolk County
Clerk via the New York State Courts Electronic Filing System.
PROOF OF DEFAULT
8. My review of the Attorney General's case file in this
matter indicates that defendant(s) has/have failed to appear in
this action, as required by CPLR § 320(a), and that defendant(s)
is/are therefore in default.
9. Pursuant to CPLR § 3215(g) (3) (i), an additional copy
of the Summons with Notice was mailed to defendant(s) August
10, 2023, which is at least 20 days prior to this application
for entry of judgment. A copy of the Affidavit of Additional
Mailing was filed with the Suffolk County Clerk via the New York
State Courts Electronic Filing System.
10. This application for a default judgment is made within
one year of the default as required by CPLR § 3215(c), and this
proposed judgment is timely submitted.
PROOF OF THE FACTS CONSTITUTING
THE CLAIM AND THE AMOUNT DUE
11. My review of SUNY Stony Brook's electronic system and
records indicates that FL received medical services on June 8,
2021, through June 17, 2021.
12. SUNY Stony Brook's electronic system and records also
shows that the defendant(s) was/were charged the usual charges
for the medical services received, and the current amount due on
the account is $2,737.28.
13. The Court of Appeals has stated that the usual charges
for services rendered to a patient represent the amount that a
patient must pay regardless of any other reimbursement
arrangements the provider has with other third-party payors. See
Flushing Hospital & Medical Center v. Woytisek, 41 N.Y.2d 1081
(1977).
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FILED: SUFFOLK COUNTY CLERK 04/09/2024 01:30 PM INDEX NO. 603433/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024
14. Further, this is a contract cause of action for a sum
based on the cost of the medical services provided to FL and
that amount was outlined as a certain dollar amount.
15. After any payments made, there remains a balance due
and owing of $2,737.28.
16. SUNY Stony Brook fully performed its agreement to
provide medical services to FL.
17. Defendant(S) BREACHED THE AGREEMENT TO PAY SUNY Stony
Brook the usual charges associated with the medical services
received.
18. As a result of defendant(s) breach, defendant(s) owe
the State the balance of $2,737.28.
19. In addition, I have made a reasonable inquiry and I
have reason to believe that the statute of limitations has not
expired.
20. The bases for venue for this action are the residence
of the plaintiff and the county in which the cause of action
arose.
CONCLUSION
21. Accordingly, as ser forth above, the State has met its
burden of proof in this application for default judgment against
defendant in the amount of $2,737.28.
22. Therefore, the State demands judgment against
defendant in the sum of $3,149.72, which includes interest from
June 17, 2021, and the costs and disbursements of this action.
I affirm this Î day of X , 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.
Anne Marie Rago
Assistant Attorney General
Centereach IFR
2100 Middle Country Rd
Centereach, NY 11720
3
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Document Filed Date
April 09, 2024
Case Filing Date
February 09, 2023
Category
Other Matters - Contract - Other
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FILED: SUFFOLK COUNTY CLERK 04/09/2024 01:30 PM INDEX NO. 603433/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK STATE OF NEW YORK, AFFIRMATION IN SUPPORT Plaintiff, OF APPLICATION FOR DEFAULT JUDGMENT FOR FAILURE TO APPEAR - against - INDEX No.: 603433/2023 FRANKLIN LUGO Defendant(s). 376111 STATE OF NEW YORK SS COUNTY OF SUFFOLK ANNE NARIE RAGO, an attorney admitted to practice in New York State, affirms the truth of the following under penalty of perjury. 1. I am an Assistant Attorney General of the State of New York. The Office of the Attorney General represents the State of New York by and through the State University of New York Stony Brook University ("SUNY Stony Brook") in this action. 2. I am fully familiar with the facts and circumstances of this action. I have obtained knowledge of the facts pertinent to this action through my review of official records and electronic databases of SUNY Stony Brook, and the Attorney General's case file for this matter. 3. Accordingly, I am authorized to make this attorney affirmation in support of this application for a default judgment pursuant to§ 3215(f) of the New York Civil Practice Law and Rules. 4. This action is based UPON breach of contract to recover the sum of $2,737.28, for medical services provided to FL by SUNY Stony Brook, and for which demand has been made. 5. The State commenced this action by filing a Summons with Notice with the Suffolk County Clerk's office on February 9, 2023 6. Pursuant to CPLR § 3215(f), a plaintiff must submit the following in support of an application for entry of default judgment: 1 of 3 FILED: SUFFOLK COUNTY CLERK 04/09/2024 01:30 PM INDEX NO. 603433/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024 a. Proof of service of the Summons with Notice; b. Proof of defendant's default; c. Proof of the facts constituting the claim and of the amount due. PROOF OF SERVICE 7. The State served the Summons with Notice on defendant(s) pursuant to the CPLR on February 25, 2023. A copy of the Affidavit of Service was filed with the Suffolk County Clerk via the New York State Courts Electronic Filing System. PROOF OF DEFAULT 8. My review of the Attorney General's case file in this matter indicates that defendant(s) has/have failed to appear in this action, as required by CPLR § 320(a), and that defendant(s) is/are therefore in default. 9. Pursuant to CPLR § 3215(g) (3) (i), an additional copy of the Summons with Notice was mailed to defendant(s) August 10, 2023, which is at least 20 days prior to this application for entry of judgment. A copy of the Affidavit of Additional Mailing was filed with the Suffolk County Clerk via the New York State Courts Electronic Filing System. 10. This application for a default judgment is made within one year of the default as required by CPLR § 3215(c), and this proposed judgment is timely submitted. PROOF OF THE FACTS CONSTITUTING THE CLAIM AND THE AMOUNT DUE 11. My review of SUNY Stony Brook's electronic system and records indicates that FL received medical services on June 8, 2021, through June 17, 2021. 12. SUNY Stony Brook's electronic system and records also shows that the defendant(s) was/were charged the usual charges for the medical services received, and the current amount due on the account is $2,737.28. 13. The Court of Appeals has stated that the usual charges for services rendered to a patient represent the amount that a patient must pay regardless of any other reimbursement arrangements the provider has with other third-party payors. See Flushing Hospital & Medical Center v. Woytisek, 41 N.Y.2d 1081 (1977). 2 2 of 3 FILED: SUFFOLK COUNTY CLERK 04/09/2024 01:30 PM INDEX NO. 603433/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024 14. Further, this is a contract cause of action for a sum based on the cost of the medical services provided to FL and that amount was outlined as a certain dollar amount. 15. After any payments made, there remains a balance due and owing of $2,737.28. 16. SUNY Stony Brook fully performed its agreement to provide medical services to FL. 17. Defendant(S) BREACHED THE AGREEMENT TO PAY SUNY Stony Brook the usual charges associated with the medical services received. 18. As a result of defendant(s) breach, defendant(s) owe the State the balance of $2,737.28. 19. In addition, I have made a reasonable inquiry and I have reason to believe that the statute of limitations has not expired. 20. The bases for venue for this action are the residence of the plaintiff and the county in which the cause of action arose. CONCLUSION 21. Accordingly, as ser forth above, the State has met its burden of proof in this application for default judgment against defendant in the amount of $2,737.28. 22. Therefore, the State demands judgment against defendant in the sum of $3,149.72, which includes interest from June 17, 2021, and the costs and disbursements of this action. I affirm this Î day of X , 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. Anne Marie Rago Assistant Attorney General Centereach IFR 2100 Middle Country Rd Centereach, NY 11720 3 3 of 3