Motion-Secondary: Ann Marie Turner v. Roswell Park Cancer Institute Corporation, Moshim Kukar Md

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                                At a Special Term of the New York State
                                                                                             Supreme Court in and for the County of
                                                                                             Erie at Part ___, ___ Delaware Ave.,
                                                                                             Buffalo, NY, on the ___ day of
                                                                                             _________________, 2021.

         PRESENT:


         ANN MARIE TURNER

                                                  Plaintiff,                                   ORDER TO SHOW CAUSE
                       vs.
                                                                                               Index No.:
         ROSWELL PARK CANCER
         INSTITUTE CORPORATION

         and

         MOSHIM KUKAR, M.D.

                                                  Defendants.
         _______________________________________


              Upon the annexed AFFIRMATION IN SUPPORT OF ORDER TO SHOW CAUSE of KEVIN T.
         STOCKER, ESQ., with exhibits annexed thereto, dated May 18, 2021, and all the pleadings and proceedings
         heretofore had herein, it is hereby

              ORDERED that the DEFENDANTS show cause before this Court, at Part ____, to be held at the
         Courthouse, ____ Delaware Ave., Buffalo, New York, on the ___ day of                                             , at 9:30 a.m. why
         an order should not be made and entered herein:

                           1.   Granting Plaintiff leave to serve a late notice of claim pursuant to GML § 50-e(5); and

                           2.   Granting all such other, further, and/or alternative relief as the Court deems just and proper.

              Sufficient cause appearing therefore, leave is hereby granted to the Plaintiff to submit upon the return day of
         this Order to Show Cause, and on any subsequent argument and hearing thereof, such additional affidavits,
         exhibits and other proof as may be necessary.

              Sufficient cause appearing therefore, it is further

              ORDERED that good and sufficient service shall be had herein by delivery of a copy of this Order to Show
         Cause, together with the Verified Petition, in the following manner on or before __________ __, 2021:

                           1.       By in person delivery upon the Defendant, ROSWELL PARK CANCER INSTITUTE
                                    CORPORATION, located at Elm and Carlton Street, Buffalo, New York 14263; and
                           2.       By in person delivery upon the Defendant, MOSHIM KUKAR, M.D., by delivery of
                                    same upon his employer, ROSWELL PARK CANCER INSTITUTE CORPORATION,
                                    located at Elm and Carlton Street, Buffalo, New York 14263.



         DATED:        Buffalo, New York
                       _________________ ___, 2021



                                                                                      Hon.