Preview
FILED: YATES COUNTY CLERK 12/03/2020 03:41 PM INDEX NO. 2020-5139
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/03/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
In the Matter of the Petition of
CARL J. SCHWARTZ, JR., J.D.
KERRI W. SCHWARTZ, PSY.D.,
AMENDED ORDER
TO SHOW CAUSE
Plaintiffs/Petitioners,
2020
Index No. E2020-005139
5139
- against -
m
Hon. William K. Taylor
ANDREW M. CUOMO, in his official capacity as Governor
of the State of New York, HOWARD ZUCKER, in his official
capacity as Commissioner of Health for the State of New
York,
Defendants/Respondents.
Upon the Affirmation of Heather L. McKay, Assistant Attorney General, dated
November 23, 2020, together with its attached exhibits; State Respondents’ Memorandum of
Law in Support of their Motion to Consolidate pursuant to CPLR 602(b); and upon all other
papers and proceedings herein, it is hereby
ORDERED that Plaintiffs/Petitioners show cause before the Honorable William K.
Taylor of the Supreme Court of the State of New York, Yates County, at the Courthouse located
17th
at 415 Liberty Street, Penn Yan, New York 14527, on the ______ day of ____________, December 2020,
10 00 A.M
at _____ a.m./p.m. or as soon thereafter as counsel can be heard,
WHY an Order should not be entered granting Defendants’/Respondents’ motion to
consolidate the instant proceeding with the following proceedings: (1) Myers v. Zucker, Index
No. E2020-0105 (Sup. Ct. Schuyler Cty.), filed September 3, 2020; (2) Westfall v. Cuomo, Index
1
1 of 3
FILED: YATES COUNTY CLERK 12/03/2020 03:41 PM INDEX NO. 2020-5139
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/03/2020
No. E2020-0238 (Sup. Ct. Seneca Cty.), filed September 15, 2020, which has already been
joined with the instant proceeding for oral argument by Amended Order to Show Cause; (3)
Brown v. Zucker, Index No. E2020-008106 (Sup. Ct. Monroe Cty.), filed October 15, 2020; (4)
Frank v. Cuomo, Index No. CV086319 (Sup. Ct. Wayne Cty.), filed October 27, 2020; (5)
Fiorini v. Cuomo, Index No. 007083/2020 (Sup. Ct. Onondaga Cty.), filed October 31, 2020; (6)
Phillips v. Cuomo, Index No. 617287/2020 (Sup. Ct. Suffolk Cty.), filed November 10, 2020; (7)
Jeffrey v. Cuomo, Index No. CV086432 (Sup. Ct. Wayne Cty.), filed November 22, 2020; (8)
Chudy v. Cuomo, Index No. [unassigned] (Sup. Ct. Cattaraugus Cty.), filed November 25, 2020;
and (9) Forte v. Cuomo, Index No. 035664/2020 (Sup. Ct. Rockland Cty.), filed November 25,
2020; and for such other and further relief as this Court may deem just and proper.
SUFFICIENT CAUSE APPEARING, IT IS ORDERED that service of a copy of this
Order to Show Cause, together with the papers upon which it was granted, upon counsel for
Plaintiffs/Petitioners by electronic service via the New York State Courts Electronic Filing
system, or by any means of service permitted upon an attorney under CPLR 2103(b) on or before
4th December
______ day of __________________, 2020, shall be deemed sufficient service.
ORDERED that opposition papers, if any, shall be filed and served upon
Defendants/Respondents by electronically filing them to the New York State Courts Electronic
11th December
Filing system by the ____ day of __________________, 2020.
ORDERED that reply papers, if any, shall be filed and served upon Plaintiffs/Petitioners
th
by electronically filing them to the New York State Courts Electronic Filing system by the ____
Is
day ofDecember
_______________, 2020.
ORDERED that pursuant to CPLR § 2004, Defendants/Respondents are granted 30 days
2
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FILED: YATES COUNTY CLERK 12/03/2020 03:41 PM INDEX NO. 2020-5139
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/03/2020
from the date of service of notice of entry of the Order deciding Defendants’/Respondents’
Motion to Consolidate in which to serve an answer or otherwise respond to the Petition and any
consolidated Petition.
ordered that Defendants1Respondents shall
it is further assigned
and the infant papers upon the respective
provide courtesy copies of if any in theabove referencedmatters
justices
ENTER: may
Dated:December
3rd2020
_______________________ Wall 2cg
__________________________________
Hon. William K. Taylor, Justice, Supreme Court
3
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Preview
FILED: YATES COUNTY CLERK 12/03/2020 03:41 PM INDEX NO. 2020-5139 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/03/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES In the Matter of the Petition of CARL J. SCHWARTZ, JR., J.D. KERRI W. SCHWARTZ, PSY.D., AMENDED ORDER TO SHOW CAUSE Plaintiffs/Petitioners, 2020 Index No. E2020-005139 5139 - against - m Hon. William K. Taylor ANDREW M. CUOMO, in his official capacity as Governor of the State of New York, HOWARD ZUCKER, in his official capacity as Commissioner of Health for the State of New York, Defendants/Respondents. Upon the Affirmation of Heather L. McKay, Assistant Attorney General, dated November 23, 2020, together with its attached exhibits; State Respondents’ Memorandum of Law in Support of their Motion to Consolidate pursuant to CPLR 602(b); and upon all other papers and proceedings herein, it is hereby ORDERED that Plaintiffs/Petitioners show cause before the Honorable William K. Taylor of the Supreme Court of the State of New York, Yates County, at the Courthouse located 17th at 415 Liberty Street, Penn Yan, New York 14527, on the ______ day of ____________, December 2020, 10 00 A.M at _____ a.m./p.m. or as soon thereafter as counsel can be heard, WHY an Order should not be entered granting Defendants’/Respondents’ motion to consolidate the instant proceeding with the following proceedings: (1) Myers v. Zucker, Index No. E2020-0105 (Sup. Ct. Schuyler Cty.), filed September 3, 2020; (2) Westfall v. Cuomo, Index 1 1 of 3 FILED: YATES COUNTY CLERK 12/03/2020 03:41 PM INDEX NO. 2020-5139 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/03/2020 No. E2020-0238 (Sup. Ct. Seneca Cty.), filed September 15, 2020, which has already been joined with the instant proceeding for oral argument by Amended Order to Show Cause; (3) Brown v. Zucker, Index No. E2020-008106 (Sup. Ct. Monroe Cty.), filed October 15, 2020; (4) Frank v. Cuomo, Index No. CV086319 (Sup. Ct. Wayne Cty.), filed October 27, 2020; (5) Fiorini v. Cuomo, Index No. 007083/2020 (Sup. Ct. Onondaga Cty.), filed October 31, 2020; (6) Phillips v. Cuomo, Index No. 617287/2020 (Sup. Ct. Suffolk Cty.), filed November 10, 2020; (7) Jeffrey v. Cuomo, Index No. CV086432 (Sup. Ct. Wayne Cty.), filed November 22, 2020; (8) Chudy v. Cuomo, Index No. [unassigned] (Sup. Ct. Cattaraugus Cty.), filed November 25, 2020; and (9) Forte v. Cuomo, Index No. 035664/2020 (Sup. Ct. Rockland Cty.), filed November 25, 2020; and for such other and further relief as this Court may deem just and proper. SUFFICIENT CAUSE APPEARING, IT IS ORDERED that service of a copy of this Order to Show Cause, together with the papers upon which it was granted, upon counsel for Plaintiffs/Petitioners by electronic service via the New York State Courts Electronic Filing system, or by any means of service permitted upon an attorney under CPLR 2103(b) on or before 4th December ______ day of __________________, 2020, shall be deemed sufficient service. ORDERED that opposition papers, if any, shall be filed and served upon Defendants/Respondents by electronically filing them to the New York State Courts Electronic 11th December Filing system by the ____ day of __________________, 2020. ORDERED that reply papers, if any, shall be filed and served upon Plaintiffs/Petitioners th by electronically filing them to the New York State Courts Electronic Filing system by the ____ Is day ofDecember _______________, 2020. ORDERED that pursuant to CPLR § 2004, Defendants/Respondents are granted 30 days 2 2 of 3 FILED: YATES COUNTY CLERK 12/03/2020 03:41 PM INDEX NO. 2020-5139 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/03/2020 from the date of service of notice of entry of the Order deciding Defendants’/Respondents’ Motion to Consolidate in which to serve an answer or otherwise respond to the Petition and any consolidated Petition. ordered that Defendants1Respondents shall it is further assigned and the infant papers upon the respective provide courtesy copies of if any in theabove referencedmatters justices ENTER: may Dated:December 3rd2020 _______________________ Wall 2cg __________________________________ Hon. William K. Taylor, Justice, Supreme Court 3 3 of 3