Motion,Ex Parte: Helene Bernstein M.D. v. State University Of New York (Suny) Upstate Medical University

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                                FILED:         ONONDAGA           COUNTY        CLERK        12/10/2019             10:17        AM                 INDEX    NO.   011476/2019
   NYSCEF     DOC.   NO.   2                                                                                  RECEIVED      NYSCEF:     12/10/2019


                      SUPREME        COURT      OF  THE    STATE     OF  NEW     YORK
                      COUNTY        OF   ONONDAGA

                      HELENE       BERNSTE1N,        M.D.,


                                                 Petitioner,

                                                                                                    Index   No.
                                        -against-

                                                                                                    NOTICE       OF
                      THE    STATE     UNIVERSITY         OF  NEW     YORK'
                                                                                                    PETITION

                                                 Respondent.


                      For  a judgment    pursuant   to Article  78 of
                                                                                                    ORAL     ARGUMENT
                      the  Civil Procedure    Law   and  Rules
                                                                                                    REQUESTED




                                        PLEASE      TAKE    NOTICE      that, upon   the  annexed   Verified   Petition  of



                      Helene   Bernstein,   M.D.   dated   December     6, 2019,  and  the  accompanying      Memorandum



                      of Law,   an  application   will be  made   at the Motion    Part  of this Court,  to be  held  in and  for



                      the County    of Onondaga,     at 401  Montgomery       Street, Syracuse,   NY    13202,   on January


                      15, 2020   at 9:30  a.m.,  or as otherwise    scheduled   by  the  court, and/or   as soon  thereafter   as



                      counsel   may   be  heard, for  a judgmeñt    pursuant   to New   York   Civil  Practice   Law   Rules



                      ("CPLR")     Article  78,  CPLR    § 3001,  and   Article  Six of the  New   York   Public   Officers



                      Law   ("FOIL"),   setting  aside  Respondent's     response   to Petitioner's   FOIL   request,



                      directing  Respondent     to produce    records  responsive    to Petitioner's  FOL     request,



                      awarding    Petitioner  its attorney's   fees and  costs,  and  granting   such  other  and  further



                      relief as this Court   deems   just and  proper.




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   FILED:         ONONDAGA           COUNTY        CLERK        12/10/2019             10:17        AM                 INDEX    NO.   011476/2019
   NYSCEF     DOC.   NO.   2                                                                                  RECEIVED      NYSCEF:     12/10/2019


                             PLEASE     TAKE     FURTHER       NOTICE      that, under   CPLR    § 7804(c),   Respoñdeñt


                       shall serve  an  answer   and  supporting    affidavits,  ifany,  at least five  (5) days  before  the


                       return  date of this  Petition.  The  petitioner  shall  serve  a reply, together   with  supporting


                       affidavits,  if any, at least one  day  before   such  time.


                            PLEASE      TAKE     FURTHER       NOTICE      that the  Petitioner  requests   oral argument.



                                                                         Respectfully    submitted,




                                                                         Thomas     C. Buckel,   Jr., Esq.
                                                                         Buckel    Law   Firm,  PLLC

                                                                         Attorney   for  the Petitioner

                                                                          107  Hampshire     Road

                                                                         Syracuse,    NY   13203
                                                                         315-882-3199
                                                                         buckellawfirmollc@gmail.com




                   To:


                   SUNY     Office   of General   Counsel
                   Central   New   York   Regional    Office
                   State  University    of New   York   Upstate   Medical   University
                   750  East  Adams     Street

                   Syracuse,   New    York   13210




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