On January 26, 2015 a
Motion,Ex Parte
was filed
involving a dispute between
K O
An Infant By His Parents And Natural Guardians Garner Oh And Tamara Petrovic,
and
Benjamin M. Lawsky
In His Official Capacity As Superintendent Of The New York State Department Of Financial Services And As Administrator Of The New York State Medical Indemnity Fund,
Emily Prober
As The Duly Authorized Representative Of Alicare, Third Party Administrator Of The New York State Medical Indemnity Fund,
for Tort
in the District Court of Kings County.
Preview
(FILED: KINGS COUNTY CLERK 06/05/2015 04:42 PM INDEX NO. 500899/2015
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/08/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
——
In the Matter of the Application of
KAS OH, and Infant by his parents and Natural
Guardians GARNER OH and TAMARA PETROVIC,
Plaintiff-Petitioners,
Index No. 500899-2015
For a Judgment Under Article 78 of the CPLR
-against-
BENJAMIN M. LAWSKY in his Official capacity as
Superintendent of the New York State Department of
Financial Services and as Administrator of the NEW
YORK STATE MEDICAL INDEMNITY FUND and
EMILY PROBER, as the duly authorized representative
of Alicare, Third Party Administrator of the NEW
YORK STATE MEDICAL INDEMNITY FUND,
Defendant-Respondent.
NOTICE OF MOTON OF DEFENDANTS-RESPONDENTS
EMILY PROBER AND ALICARE, INC. TO DISMISS
PLAINTIFFS-PETITIONERS AMENDED COMPLAINT
AND VERIFIED ARTICLE 78 PETITION
PLEASE TAKE NOTICE that, upon the accompanying Memorandum of Law of
Defendants-Respondents Emily Prober and Alicare, Inc. in Support of their Motion to Dismiss
Plaintiffs-Petitioners Amended Complaint and Verified Article 78 Petition, Defendants-
Respondents Emily Prober and Alicare, Inc. will move this Court at the courthouse located at
360 Adams Street, Brooklyn, New York on July 31, 2015, or as soon thereafter as counsel may
be heard, for an Order dismissing with prejudice Plaintiffs-Petitioners Amended Complaint andVerified Article 78 Petition pursuant to C.P.L.R. 7804(f) and C.P.L.R. 3211(a) (7) for failure to
state a cause of action and granting such other and further relief as the Court deems appropriate
Dated: White Plains, New York
June 5, 2015
Respectfully submitted
EMILY PROBER and ALICARE, INC.,
Defendants-Respondents
David C. Sapp, Esq.
Attorney for Emily Prober and Alicare, Inc.
Alicare, Inc.— Third Party Administrator
333 Westchester Avenue
North Building — First Floor
White Plains, New York 10604
(914) 367 - 5576 (voice)
(914) 367 - 2576 (fax)
dsapp@amalgamatedlife.com
Document Filed Date
June 08, 2015
Case Filing Date
January 26, 2015
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
(FILED: KINGS COUNTY CLERK 06/05/2015 04:42 PM INDEX NO. 500899/2015 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/08/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS —— In the Matter of the Application of KAS OH, and Infant by his parents and Natural Guardians GARNER OH and TAMARA PETROVIC, Plaintiff-Petitioners, Index No. 500899-2015 For a Judgment Under Article 78 of the CPLR -against- BENJAMIN M. LAWSKY in his Official capacity as Superintendent of the New York State Department of Financial Services and as Administrator of the NEW YORK STATE MEDICAL INDEMNITY FUND and EMILY PROBER, as the duly authorized representative of Alicare, Third Party Administrator of the NEW YORK STATE MEDICAL INDEMNITY FUND, Defendant-Respondent. NOTICE OF MOTON OF DEFENDANTS-RESPONDENTS EMILY PROBER AND ALICARE, INC. TO DISMISS PLAINTIFFS-PETITIONERS AMENDED COMPLAINT AND VERIFIED ARTICLE 78 PETITION PLEASE TAKE NOTICE that, upon the accompanying Memorandum of Law of Defendants-Respondents Emily Prober and Alicare, Inc. in Support of their Motion to Dismiss Plaintiffs-Petitioners Amended Complaint and Verified Article 78 Petition, Defendants- Respondents Emily Prober and Alicare, Inc. will move this Court at the courthouse located at 360 Adams Street, Brooklyn, New York on July 31, 2015, or as soon thereafter as counsel may be heard, for an Order dismissing with prejudice Plaintiffs-Petitioners Amended Complaint andVerified Article 78 Petition pursuant to C.P.L.R. 7804(f) and C.P.L.R. 3211(a) (7) for failure to state a cause of action and granting such other and further relief as the Court deems appropriate Dated: White Plains, New York June 5, 2015 Respectfully submitted EMILY PROBER and ALICARE, INC., Defendants-Respondents David C. Sapp, Esq. Attorney for Emily Prober and Alicare, Inc. Alicare, Inc.— Third Party Administrator 333 Westchester Avenue North Building — First Floor White Plains, New York 10604 (914) 367 - 5576 (voice) (914) 367 - 2576 (fax) dsapp@amalgamatedlife.com