Motion-Secondary: Christopher Repetsky v. American University Of Antigua, Manipal Education Americas, Llc

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                                FILED:         NEW     YORK       COUNTY        CLERK        01/10/2017             06:29        PM                 INDEX    NO.   150310/2017
   NYSCEF     DOC.   NO.   9                                                                                  RECEIVED      NYSCEF:     01/11/2017




                 SUPREMECOURTOF THE STATEOF NEW YORK
                 COLINTYOFNEW YORK

                 CHRISTOPHER          REPETSKY,

                                            Petitioner,                                  INDEX NO.: t5031012017

                 for Judgment'   pursuantto CPLR Art. 78 .                               AFFIRMATION            OF DANIEL
                                                                                         E. DUGAN, ESQ.
                           -agalnsr-

                 AMERICAN TINIVERSITY OF ANTIGUA,                       and
                 MANIPAL EDUCATIONAMERICAS,LLC

                                            Respondents,


                                    AF   'IRMATION         IN  SUPPORTOF EXPEDITED HEARING

                          DANIEL E. DUGAN, an attomeyduly admittedto practice1awin the Stateof New York

                 statesunderthepenaltiesofperjury the following:

                 1.       I amtheattomeyfor thePetitionerin theabove-captioned                 actionandassuch,andby virh:e

                          of a reviewof the fi1emaintainedin this actionby this firm, am fully familiarywith the

                          factsandcircumstancesof this matter.

                 z.       I submitthis Affirmation in         supportof Petitioner'srequestfor to shortenRespondents'

                          timeto respondto theVerifiedPetitionandfor anexpeditedhearingto besetin thismatter.

                 3.       As set forth    at the length in    the Verified Petition, Respondentshave refusedto                certify

                          letitionerto sit for theUSMLE Step2 CK, despitehim beingexemptfromtherequirement.

                 4.       Petitionerhasappliedfor severalresidencypositionsandreceivedan interviewat his first

                          choiceof programsin December,despitenot havingpassedthe USMLE Step2 CK yet.

                          Petitionerhs     a goodrelationshipwith thefacultyat thisinstitutionashecompleted                  several




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                          of his electiverotationsthere,alongwith an outsideobservershipin the Family Medicine

                          Deparhnent. The ProgramDirector indicatedto                  Petitioner that he was impressedwith

                          Petitioner's work     ethic and that he was not concemedthat Petitioner had failed to                   the

                          USMLE Step2 CK on his first            attempt.    The ProgramDirector advisedhim to take the

                          examag.   pin and passon his next try.        (Ver. Pet.fl I 8).

                 4.       Respondent'sactionsof not certiryingPetitionerfor the USMLE Step2 CK arepreventing

                          him from matchingwith his likely residencyposition which will                  destroythe value of his

                          education. (Ver. Pet.fl 40).         'Match   Day''(when Doctors find out if         they havematched

                          or not) is March 17, 2077.          In orderto havethe possibilityof being matched,as most

                          programsfill    their positionsin advanceofthat date,Petitionerneedsto be certifiedfor, and

                          sit for the USMLE Step2 CK beforethe endof January2017,asthere is a multiple week

                          waiting period to receivethe test results.

                 5.       ThusPetitionerrespectfullyrequeststhat Respondents'time to respondto the Petitionbe

                          shortened,and that a hearing'datebe set prior to the end of Januaxy2017 so that should

                          Petitionerbe successfulin his Petitionhe is ableto sit for the USMLE Steo2 CK in time

                          to matchwith a residencyposition.

                          This is the.first applicationfor the reliefrequestedherein.
                          t




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                          WHEREFORE,the undersignedrespectfirllyrequeststtris court shortenRespondents'                         time

                 to respondto the Verified Petition and expeditethe hearingdate and any other relief that is just

                 andequitable.
                                 rr, Ol
                 Dated:   NewYor!,^f9w_York            .      i  \,...
                          January   ll,2017                                              STEWART LEE KARLIN
                                                                                         LAW GROUP,P.C.


                                                                                         DANIEL      E. DUGAN, ESQ.
                                                                                         I 11 JohnSt., 22"dFloor
                                                                                         New York, NY        10038
                                                                                         (212) 792-9670




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