On June 24, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Jason Fitzpatrick,
and
Board Of Education Of Pine Bush Central School District,
Crispell Middle School,
Peter Johns,
Pine Bush Central School District,
Pine Bush High School,
for Torts - Child Victims Act
in the District Court of Orange County.
Preview
FILED: ORANGE COUNTY CLERK 04/20/2021 10:31 AM INDEX NO. EF002952-2020
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/20/2021
SUPREME COURF OF THE STATE OF NEW YORK
COUNTY OF ORANGE
JASON FITZPATRICK, Index No.: EF002952/2020
Plaintiff,
NOTICE OF MOTION
-against-
PINE BUSH CENTRAL SCHOOL DISTRICT,
BOARD OF EDUCATION OF PINE BUSH
CENTRAL SCHOOL DISTRICT, PINE BUSH
HIGH SCHOOL, CRISPELL MIDDLE SCHOOL,
and PETER JOHNS,
Defendants.
PLEASE TAKE NOTICE that upon the annexed Affirmation of Evan M. Foulke,
dated April 19, 2021, 2021 with accompanying exhibits thereto, the Summons and Complaint, Affidavit of
Service, and upon allprior pleadings, the undersigned will move this Court at a Motion Term thereof, to be
held in and for the County of Nassau, at the Courthouse located at 100 Supreme Court Drive, Mineola,
10th
New York on the day of May, 2021 at 9:30 o'clock in the forenoon of said day, or as soon thereafter
as counsel can be heard for an Order, pursuant to C.P.L.R. § 2307 and CPLR Rule 3120(4) to issue a
Subpoena Duces Tecum to be issued on the New York State Education Department, together with such
other and further relief as to this Court may seem just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to Rule 2214 of the CPLR copies of all
affidavits, affirmations and exhibits served in opposition to this motion must be
served upon the office of the undersigned no laterthan seven (7) days prior to the return date listed above.
Dated: Goshen, New York
April 19, 2021 FOULKE LAW FIRM
By: s/Evan M. Foulke
Evan M. Foulke, Esq.
Attorneys forPlaintiff
55 Main Street
Goshen, New York 10924
(845) 294-4308
Filedin Orange County 04/20/2021 10:31:49 AM $45.00 Bk: 1 of
5140 2 Pg: 1954 Index: # EF002952-2020 Clerk:DK
FILED: ORANGE COUNTY CLERK 04/20/2021 10:31 AM INDEX NO. EF002952-2020
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/20/2021
TO: David L. Darwin, Esq.
Ostrer & Associates, P.C.
Attorneys for Defendant
Peter Johns
111 Main St.
Chester, NY 10918
845-469-7577
Emily R. Weisslitz, Esq.
McGivney Kluger Clark & Intoccia, P.C.
Attorneys for Defendants
Pine Bush CSD, Board of Education of the
Pine Bush CSD, Pine Bush High School,
and Crispell Middle School
18 Columbia Turnpike, Suite 300
Florham Park, NJ 07932
973-822-1110
2 of 2
Document Filed Date
April 20, 2021
Case Filing Date
June 24, 2020
Category
Torts - Child Victims Act
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Preview
FILED: ORANGE COUNTY CLERK 04/20/2021 10:31 AM INDEX NO. EF002952-2020 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/20/2021 SUPREME COURF OF THE STATE OF NEW YORK COUNTY OF ORANGE JASON FITZPATRICK, Index No.: EF002952/2020 Plaintiff, NOTICE OF MOTION -against- PINE BUSH CENTRAL SCHOOL DISTRICT, BOARD OF EDUCATION OF PINE BUSH CENTRAL SCHOOL DISTRICT, PINE BUSH HIGH SCHOOL, CRISPELL MIDDLE SCHOOL, and PETER JOHNS, Defendants. PLEASE TAKE NOTICE that upon the annexed Affirmation of Evan M. Foulke, dated April 19, 2021, 2021 with accompanying exhibits thereto, the Summons and Complaint, Affidavit of Service, and upon allprior pleadings, the undersigned will move this Court at a Motion Term thereof, to be held in and for the County of Nassau, at the Courthouse located at 100 Supreme Court Drive, Mineola, 10th New York on the day of May, 2021 at 9:30 o'clock in the forenoon of said day, or as soon thereafter as counsel can be heard for an Order, pursuant to C.P.L.R. § 2307 and CPLR Rule 3120(4) to issue a Subpoena Duces Tecum to be issued on the New York State Education Department, together with such other and further relief as to this Court may seem just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to Rule 2214 of the CPLR copies of all affidavits, affirmations and exhibits served in opposition to this motion must be served upon the office of the undersigned no laterthan seven (7) days prior to the return date listed above. Dated: Goshen, New York April 19, 2021 FOULKE LAW FIRM By: s/Evan M. Foulke Evan M. Foulke, Esq. Attorneys forPlaintiff 55 Main Street Goshen, New York 10924 (845) 294-4308 Filedin Orange County 04/20/2021 10:31:49 AM $45.00 Bk: 1 of 5140 2 Pg: 1954 Index: # EF002952-2020 Clerk:DK FILED: ORANGE COUNTY CLERK 04/20/2021 10:31 AM INDEX NO. EF002952-2020 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/20/2021 TO: David L. Darwin, Esq. Ostrer & Associates, P.C. Attorneys for Defendant Peter Johns 111 Main St. Chester, NY 10918 845-469-7577 Emily R. Weisslitz, Esq. McGivney Kluger Clark & Intoccia, P.C. Attorneys for Defendants Pine Bush CSD, Board of Education of the Pine Bush CSD, Pine Bush High School, and Crispell Middle School 18 Columbia Turnpike, Suite 300 Florham Park, NJ 07932 973-822-1110 2 of 2