Order to Show Cause: Ann Marie Turner v. Roswell Park Cancer Institute Corporation, Moshim Kukar Md

• 
• 
• 
• 

						
                                
Preview
                                INDEX       NO.    806930/2021
NYSCEF    DOC.   NO.    10                                                                         RECEIVED          NYSCEF:    05/26/2021


                                                                                      At a Special Term of the New York State
                                                                                      Supreme Court in and for the County of
                                                                                      Erie at Part5   _, 92 Franklin St.,
                                                                                      Buffalo, NY, on the            day of
                                                                                                             , 2021.
    PRESENT: Hon.             Frederick J . Marshall, J .S.C.


    ANN MARIE TURNER

                                              Plaintiff,                              ORDER TO SHOW                 CAUSE
                  vs.
                                                                                      Index No.:   806930/2021
    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   5   _ , to be held at the
    Courthouse, 92 _ Franklin St., Buffalo, New York, on the                 day of                          al t   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 ofa 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




                                                                  1 of   2
INDEX   NO.    806930/2021
NYSCEF   DOC.   NO.   10                                                                   RECEIVED   NYSCEF:    05/26/2021




                      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.   Frederick J. Marshall,J .S.C.




                                                        2 of   2