On October 24, 2020 a
Motion-Secondary
was filed
involving a dispute between
Carl J. Schwartz Jr.,
Kerri W. Schwartz,
and
Andrew Cuomo,
Howard Zucker,
for Special Proceedings - CPLR Article 78
in the District Court of Yates County.
Preview
STATE OF NEW YORK, SUPREME COURT
C_OUNTY OF YATES
Carl J. Schwartz, Jr., J.D.,
Kerri W. Schwartz, Psy.D.,
Plaintiffs/Petitioners,
ORDER TO SHOW CAUSE
Index Number: e2020-
v.
Andrew 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.
PRESENT: HONORABLE WILLIAM K. TAYLOR
On reading the duly executed Complaint and Verified Article 78 Petition, sworn to by tl'e
Plaintiffs/Petitioners on the Mc/day of October, 2020, and on motion of Carl J. Schwartz, Jr.,
attorney for Plaintiffs/Petitioners; itis hereby,
ORDERED, that the Defendants/Respondents herein show cause at a motion term of th s
Court, to be held in and for the County of Yates, at the County Courthouse in the Village of Per n
Yan, on the _ day of , 2020, at o'clock in the nocn
of that day or as soon thereafter as counsel can be heard, why an Order of Judgment pursuant 1a
FingerLakesLaz Group Article 78 of the Civil Practice Law and Rules granting relief as set forth in the complaint/petitio11,
THE S ILDING should not be entered; and itis further,
SurrES201 -210
131 MAIN STREET
P.O. 6ox 681
PENNYAN, NY
ORDERED, that copies of this Order and supporting documents be served on the
Defendants/Respondents at an Office of the Attorney General for the State of New York on cr
before the day of , 2020; and itis further,
ORDERED, that the NYS Office of the Attorney General accept service of the within actio 1
on behalf of the defendants; and itis further,
ORDERED, that ifthe NYS Office of the Attorney General refused to accept service of th:
within action on behalf of the defendants that the plaintiff shall have the right to serve th:
defendants by United States Postal firstclass mail; and itis further,
ORDERED, that opposition papers shall be received by the day of November, 202( ,
and reply papers, ifany, shall be received by the _ day of November, 2020.
Signed this _ day of October, 2020.
Hon. William K. Taylor, Justice, Supreme Court
FingerLakesLaw Group
WITH
AvVOCATING
INTEGRfTY
THE L.OWN'S
GU/LQlNG
sofTEs201-210
13 1 MAIN$TREET
P.O. Gox 681
PENNYAN,NY
1452 7
I
Document Filed Date
October 24, 2020
Case Filing Date
October 24, 2020
Category
Special Proceedings - CPLR Article 78
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STATE OF NEW YORK, SUPREME COURT C_OUNTY OF YATES Carl J. Schwartz, Jr., J.D., Kerri W. Schwartz, Psy.D., Plaintiffs/Petitioners, ORDER TO SHOW CAUSE Index Number: e2020- v. Andrew 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. PRESENT: HONORABLE WILLIAM K. TAYLOR On reading the duly executed Complaint and Verified Article 78 Petition, sworn to by tl'e Plaintiffs/Petitioners on the Mc/day of October, 2020, and on motion of Carl J. Schwartz, Jr., attorney for Plaintiffs/Petitioners; itis hereby, ORDERED, that the Defendants/Respondents herein show cause at a motion term of th s Court, to be held in and for the County of Yates, at the County Courthouse in the Village of Per n Yan, on the _ day of , 2020, at o'clock in the nocn of that day or as soon thereafter as counsel can be heard, why an Order of Judgment pursuant 1a FingerLakesLaz Group Article 78 of the Civil Practice Law and Rules granting relief as set forth in the complaint/petitio11, THE S ILDING should not be entered; and itis further, SurrES201 -210 131 MAIN STREET P.O. 6ox 681 PENNYAN, NY ORDERED, that copies of this Order and supporting documents be served on the Defendants/Respondents at an Office of the Attorney General for the State of New York on cr before the day of , 2020; and itis further, ORDERED, that the NYS Office of the Attorney General accept service of the within actio 1 on behalf of the defendants; and itis further, ORDERED, that ifthe NYS Office of the Attorney General refused to accept service of th: within action on behalf of the defendants that the plaintiff shall have the right to serve th: defendants by United States Postal firstclass mail; and itis further, ORDERED, that opposition papers shall be received by the day of November, 202( , and reply papers, ifany, shall be received by the _ day of November, 2020. Signed this _ day of October, 2020. Hon. William K. Taylor, Justice, Supreme Court FingerLakesLaw Group WITH AvVOCATING INTEGRfTY THE L.OWN'S GU/LQlNG sofTEs201-210 13 1 MAIN$TREET P.O. Gox 681 PENNYAN,NY 1452 7 I