Preview
FILED: NEW YORK COUNTY CLERK 01/29/2016 05:02 PM INDEX NO. 158113/2015
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/29/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEV/ YORK
------ x
Marcela Carlson as the proposed administrator of the estate
of Richard Gonzalez,
AFFIRMATION IN
Petitioner, COMPLIANCE AND
PARTIAL OPPOSITION
- against -
Index No.: 162565-2015
The City of New York, the New York City Department of File No.: 2016-000076
Correction ("DOC"), Corizon Health Inc., Corizon Clinical
Solutions, LLC, Corizon Inc., Correctional Medical
Associates of New York, P.C.,
Respondents
DIMITRIOS T. MARKOS, an attorney duly admitted to practice law in the
courts of the State of New York and an Assistant Corporation Counsel of the City of New York,
affirms the truth of the following pursuant to C.P.L.R. 2106, upon information and belief, based
upon the records in the office of said Corporation Counsel.
1. This affirmation is submitted on behalf of Respondents, CITY OF NEW
YORK, and THE NEV/ YORK CITY DEPARTMENT OF CORRECTIONS (hereinafter the
"City"), in partial opposition to the application by Petitioner seeking an Order requiring the City
to preserve and provide Petitioner with various items listed in Petitioner's application.
2. On January 6, 2016, the City and Petitioner appeared before this Honorable
Court to discuss the instant Petition. Upon the oral argument of that Petition, the City was
ordered to serve a preservation request upon the DOC, requesting the preservation of certain
documents requested by Petitioner. See Order dated January 6, 2016, annexed hereto as Exhibit
A.
3. As was required by the January 6,2016 Order, the City sent, via email a copy
of Exhibit A to DOC along with an attached preservation request per the DOC protocols for
preserving discovery pursuant to an ongoing litigation. Separate preservation request forms were
submitted for medical and non-medical discovery. An email requesting preservation of medical
'Wanda of Medical Records for the New York City
documents was sent to Roberts, Director
Health and Hospital Correctional Health Services on January 8, 2016, a formal preservation
request document was thereafter forwarded to Ms. Roberts on January 15, 2016. The
preservation request for non-medical documentation and video footage was sent to Nadene
Pinnock, Deputy General Counsel for DOC on January 15,2016.
4. Although the City has been ordered to and has issued a preservation request for
certain discovery, the City objects to producing Petitioner's enumerated demands at this time
because they are vague, overbroad, and encompass discovery contemplated within the Case
Scheduling Order. Petitioner's requests are thus improper at this stage of discovery. Petitioner
has filed an initial summons and complaint upon the respondents, and requests for documents
should be made through normal pretrial discovery procedures so that the City has the opportunity
to make appropriate objections, if any. Documents that are discoverable and unobjectionable
should be exchanged only after a Case Scheduling Order has been entered into.
5. Notwithstanding the aforementioned objections concerning discovery
production, the City has issued the required preservation requests pursuant to the Order dated
January 6,2016.
6. Finally, the City requests that the Court compel Petitioner to provide
authorizations including but not limited to authorizations to obtain the following documents:
a. Petitioner's Prisoner File
b. Petitioner's Medical records, mainly:
i. Clinic Emergency Log
ii. Emergency Health Care Log
iii. Medical Treatment of Prisoner forms
iv. Notification of Death
v. Suicide Prevention Screening Form
vi. Death Chart
vii. Prisoner movement slips
WHEREFORE, it is respectfully requested that City be deemed in compliance
with this Court's January 6,2016 Order and that Petitioner's application for an order compelling
pre-action discovery be partially denied. Additionally, the City requests that Petitioner be
ordered to submit the requested authorizations within 30 days, and for any and all further relief
that this Court seems just and proper.
Dated: New York, New York
January 29,2016
Yours,
ZACHARY V/. CARTER
Corporation Counsel
zÒ-
By: Dimitrios T. Markos, Esq,
Assistant Corporation Counsel
Manhattan Trial Unit, Tort Division
The City of New York Law Department
100 Church St.,4th Floor
New York, NY 10007-2601
Tel: (212) 356-2753
TO: RANKIN & TAYLOR
11 Park Place, Ste. 914
New York, NY 10007
Index No.: 158113-2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Marcela Carlson as the proposed administrator of the estate of Richard Gonzalez,
Petitioner,
- against -
The City of New York, the New York City Department of Correction ("DOC"), Corizon Health
lnc., Corizon Clinical Solutions, LLC, Corizon Inc., Correctional Medical Associates of New
York, P.C.,
Respondents.
AFFIRMATION IN COMPLIANCE AND PARTIAL OPPOSITION
ZACHARY W. CARTER
Corporation Counsel of the City of New York
Attorney for Defendants
The City of New York and The New York City Police Department
100 Church Street,4'h Floor
New York, New York 10007
Contact: DIMITRIOS T. MARKOS, Esq
2t2-356-2753
File No.: 2016-000076
Preview
FILED: NEW YORK COUNTY CLERK 01/29/2016 05:02 PM INDEX NO. 158113/2015 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/29/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEV/ YORK ------ x Marcela Carlson as the proposed administrator of the estate of Richard Gonzalez, AFFIRMATION IN Petitioner, COMPLIANCE AND PARTIAL OPPOSITION - against - Index No.: 162565-2015 The City of New York, the New York City Department of File No.: 2016-000076 Correction ("DOC"), Corizon Health Inc., Corizon Clinical Solutions, LLC, Corizon Inc., Correctional Medical Associates of New York, P.C., Respondents DIMITRIOS T. MARKOS, an attorney duly admitted to practice law in the courts of the State of New York and an Assistant Corporation Counsel of the City of New York, affirms the truth of the following pursuant to C.P.L.R. 2106, upon information and belief, based upon the records in the office of said Corporation Counsel. 1. This affirmation is submitted on behalf of Respondents, CITY OF NEW YORK, and THE NEV/ YORK CITY DEPARTMENT OF CORRECTIONS (hereinafter the "City"), in partial opposition to the application by Petitioner seeking an Order requiring the City to preserve and provide Petitioner with various items listed in Petitioner's application. 2. On January 6, 2016, the City and Petitioner appeared before this Honorable Court to discuss the instant Petition. Upon the oral argument of that Petition, the City was ordered to serve a preservation request upon the DOC, requesting the preservation of certain documents requested by Petitioner. See Order dated January 6, 2016, annexed hereto as Exhibit A. 3. As was required by the January 6,2016 Order, the City sent, via email a copy of Exhibit A to DOC along with an attached preservation request per the DOC protocols for preserving discovery pursuant to an ongoing litigation. Separate preservation request forms were submitted for medical and non-medical discovery. An email requesting preservation of medical 'Wanda of Medical Records for the New York City documents was sent to Roberts, Director Health and Hospital Correctional Health Services on January 8, 2016, a formal preservation request document was thereafter forwarded to Ms. Roberts on January 15, 2016. The preservation request for non-medical documentation and video footage was sent to Nadene Pinnock, Deputy General Counsel for DOC on January 15,2016. 4. Although the City has been ordered to and has issued a preservation request for certain discovery, the City objects to producing Petitioner's enumerated demands at this time because they are vague, overbroad, and encompass discovery contemplated within the Case Scheduling Order. Petitioner's requests are thus improper at this stage of discovery. Petitioner has filed an initial summons and complaint upon the respondents, and requests for documents should be made through normal pretrial discovery procedures so that the City has the opportunity to make appropriate objections, if any. Documents that are discoverable and unobjectionable should be exchanged only after a Case Scheduling Order has been entered into. 5. Notwithstanding the aforementioned objections concerning discovery production, the City has issued the required preservation requests pursuant to the Order dated January 6,2016. 6. Finally, the City requests that the Court compel Petitioner to provide authorizations including but not limited to authorizations to obtain the following documents: a. Petitioner's Prisoner File b. Petitioner's Medical records, mainly: i. Clinic Emergency Log ii. Emergency Health Care Log iii. Medical Treatment of Prisoner forms iv. Notification of Death v. Suicide Prevention Screening Form vi. Death Chart vii. Prisoner movement slips WHEREFORE, it is respectfully requested that City be deemed in compliance with this Court's January 6,2016 Order and that Petitioner's application for an order compelling pre-action discovery be partially denied. Additionally, the City requests that Petitioner be ordered to submit the requested authorizations within 30 days, and for any and all further relief that this Court seems just and proper. Dated: New York, New York January 29,2016 Yours, ZACHARY V/. CARTER Corporation Counsel zÒ- By: Dimitrios T. Markos, Esq, Assistant Corporation Counsel Manhattan Trial Unit, Tort Division The City of New York Law Department 100 Church St.,4th Floor New York, NY 10007-2601 Tel: (212) 356-2753 TO: RANKIN & TAYLOR 11 Park Place, Ste. 914 New York, NY 10007 Index No.: 158113-2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Marcela Carlson as the proposed administrator of the estate of Richard Gonzalez, Petitioner, - against - The City of New York, the New York City Department of Correction ("DOC"), Corizon Health lnc., Corizon Clinical Solutions, LLC, Corizon Inc., Correctional Medical Associates of New York, P.C., Respondents. AFFIRMATION IN COMPLIANCE AND PARTIAL OPPOSITION ZACHARY W. CARTER Corporation Counsel of the City of New York Attorney for Defendants The City of New York and The New York City Police Department 100 Church Street,4'h Floor New York, New York 10007 Contact: DIMITRIOS T. MARKOS, Esq 2t2-356-2753 File No.: 2016-000076