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INDBX. NO.*156138/201F
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/19/2015
6
—.. a
At IAS Part 3 of the Supreme Court
of the State of New York, held in
and for the County of New York,
Commercial Division, at the
Courthouse thercof, located at 60
ihe tf
eStrect, New York, N.Y., on
e * day of March, 2015.
PRESENT: The Honorable Eileen Bransten, J.S.C.
Uy
E 0
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
QTIONSERUEN
BERTON FORMAN, M.D.,
Index No. 156138/2014
ORDER TO
SHOW CAUSE
of
Plaintiff,
IAS Part 3 (Branste
Motion Sequence No
vs.
MERCY MEDICAL CENTER, and
CATHOLIC HEALTH SERVICES OF LONG ISLAND,
ORAL ARGUMENT
REQUESTED
Defendants.
UPON the accompanying affirmation of Thomas S. D’Antonio, dated March 16, 2015,
the exhibits annexed thereto, the affidavit of Kenneth Long, sworn to March 16, 2015, the
memorandum of law in support of motion to dismiss submitted on behalf of defendants Mercy
Medical Center and Catholic Health System of Long Island, Inc., dated March 16, 2015, and the
prior papers and memoranda of law submitted in the action thus far by defendants Mercy
ol
Medical Center and Catholic Health Systems of Long Island, for good and-suffieient cause, it is
- “4
hereby:
ORDERED that plaintiff shall show cause before Justice Eileen Bransten, IAS Part 3 in .
Room 442, of this Court, to be held at 60 Centre Street, New York, NY on the 3 day of 5
2015 atl WC ue. or as soon thereafter as counsel may be heard, why an order should
not be entered dismissing the First Amended Verified Complaint in its entirety pursuant to CPLR
3211(a)(1), (3), (5) and (7), and awarding the costs of this motion and such sanctions under Part
130 in favor of CHS and against plaintiff, as this Court deems appropriate, and it is further
ORDERED that service by electronic filing of a copy of this order, as well as all papers
on which it was based, with the NYSCEF system, which sends electronic notice to plaintiff's
counsel, Kenneth L. Kutner, Esq., on or before March 20, 2015, shall be deemed good and
sufficient service of this order and the accompanying papers, and it is further
ORDERED that opposition papers, if any, shall be delivered to the Court and served by
electronic filing with the NYSCEF system on or veford Wl So, 2015, and it is further
ORDERED that reply papers, if any, shall be delivered to the Court and served by
-
electronic filing with the NYSCEF system on or before \ , 2015.
Dated: March i7. 2015
(a \ Justice of the Supreme Court
Ne
GRANTED: HON. EILEEN BRANSTEN
J.S.C. aa es
ORAL we
Bik
d. Cc.
All pane: om,
th re PER¥ TABS must be
dei oS m (442) by 3 pm
4 4
Preview
| INDBX. NO.*156138/201F NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 03/19/2015 6 —.. a At IAS Part 3 of the Supreme Court of the State of New York, held in and for the County of New York, Commercial Division, at the Courthouse thercof, located at 60 ihe tf eStrect, New York, N.Y., on e * day of March, 2015. PRESENT: The Honorable Eileen Bransten, J.S.C. Uy E 0 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK QTIONSERUEN BERTON FORMAN, M.D., Index No. 156138/2014 ORDER TO SHOW CAUSE of Plaintiff, IAS Part 3 (Branste Motion Sequence No vs. MERCY MEDICAL CENTER, and CATHOLIC HEALTH SERVICES OF LONG ISLAND, ORAL ARGUMENT REQUESTED Defendants. UPON the accompanying affirmation of Thomas S. D’Antonio, dated March 16, 2015, the exhibits annexed thereto, the affidavit of Kenneth Long, sworn to March 16, 2015, the memorandum of law in support of motion to dismiss submitted on behalf of defendants Mercy Medical Center and Catholic Health System of Long Island, Inc., dated March 16, 2015, and the prior papers and memoranda of law submitted in the action thus far by defendants Mercy ol Medical Center and Catholic Health Systems of Long Island, for good and-suffieient cause, it is - “4 hereby: ORDERED that plaintiff shall show cause before Justice Eileen Bransten, IAS Part 3 in . Room 442, of this Court, to be held at 60 Centre Street, New York, NY on the 3 day of 5 2015 atl WC ue. or as soon thereafter as counsel may be heard, why an order should not be entered dismissing the First Amended Verified Complaint in its entirety pursuant to CPLR 3211(a)(1), (3), (5) and (7), and awarding the costs of this motion and such sanctions under Part 130 in favor of CHS and against plaintiff, as this Court deems appropriate, and it is further ORDERED that service by electronic filing of a copy of this order, as well as all papers on which it was based, with the NYSCEF system, which sends electronic notice to plaintiff's counsel, Kenneth L. Kutner, Esq., on or before March 20, 2015, shall be deemed good and sufficient service of this order and the accompanying papers, and it is further ORDERED that opposition papers, if any, shall be delivered to the Court and served by electronic filing with the NYSCEF system on or veford Wl So, 2015, and it is further ORDERED that reply papers, if any, shall be delivered to the Court and served by - electronic filing with the NYSCEF system on or before \ , 2015. Dated: March i7. 2015 (a \ Justice of the Supreme Court Ne GRANTED: HON. EILEEN BRANSTEN J.S.C. aa es ORAL we Bik d. Cc. All pane: om, th re PER¥ TABS must be dei oS m (442) by 3 pm 4 4