Preview
ties
= INDEX NO. 60044.
:
NYSCEF DOC. NO. 480 RECEIVED NYSCEF: 08/2
SUPREME COURT 342 M-1767 Rev. 05/21 Page 1
SUPREME COURT COUNTY OF NASSAU
IAS JUSTICE HON, RandySue Marber
INDEX No, 600444/2022
DANIELLE ZOLLO:and PASQUALE
ZOLLO.
Preliminary Conferénce
Plaintiff(s) Stipulation and Order
against (sections 202.8 & 202.12 & 202.19
of the Uniform Rules)
JERRY IPE, DO, ELIZABETH ANISIS. DO, YASMIN RIVERA NUNEZ,
NP, RONALD STICCO, M.0., JOSEPH GLASER, M.D., ISLAND
PULMONARY ASSOCIATES, P.C., NYU LANGONE ISLAND
PULMONARY ASSOCIATES, NYU LANGONE HEALTH SYSTEM, Defendant(s) Discovery Track: E S Cc
NORTHWELL HEALTH PHYSICIAN PARTNERS, INC., NORTHWELL
HEALTH, ING. and ZWANGER PESIR! RADIOLOGY GROUP, LLP.
(All items on the form must be completed unless. inapplicable.)
It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows:
(1) Insurance Coverage (CPLR 3101 (f) If not already provided, shall be furnished by
on or before
(2) Bill of Particulars:
(a) Demand for a Bill of Particulars shall be served by "a. on or before /a
(b) Bill of Particulars. shall be served by plaintiffs on or before 7/1/22
(3) Medical Report and Authorizations:
Shall be servedas follows: responses to. outstanding demands for-authorizations shall be provided by
71122
(4) Physical Examination:
(a) Examination of Danielle Zollo shall be-held
within 45 days following completion of party depositions.
(b) A copy of ihe physician’s report shall be furnished to plaintiffs) within 45 days.of
K
The.examination. EBT'S may tot be adjoumed to any later
(5) Depositions: de wi eYeou approval
Deponent Date.and Time Place.
DANIELLE ZOLLO SOP 9/16/22 tod Vietualy
PASQUALE ZOLLO O68 9/30/22 bd Or AS mestuatn
JERRY IPE, DO
ELIZABETH ANISIS, DO
GOB 10/14/22 thd reed 1
BOB 11/4/22 tbd
YASMIN RIVERA NUNEZ, NP OSB 14/25/22 thd:
“remaining defendant depositions on the iast page of order
If one deposition fails to take place as scheduled, the remaining parties’ depositions shail nonetheless proceed
as Scheduled, except that priorities between defendants and plaintiffs shall be preserved.
1 of.5.
= INDEX NO, 600444/2022
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NYSCEF DOC. NO. 480 RECEIVED NYSCEF: 08/26/2022
SUPREME COURT 342 M-1767 Rev. 05/21-Page 2
(6) Other Disclosure:
(a) All parties, on or before 8/1/22 , Shall exchange names and addresses of all eyewitnesses and
notice witnesses, statements of opposing parties and photographs, or, if hone, provide an. affirmation to
that effect.
(b) Authorizations for plaintiff(s). employment records for the period _2007- present Shall be furnished on
or before 7/1/22
(c) Demand for discovery and inspection shall be served by:2!! parties on or before 7/1/22
The items sought shall be produced to the extent not objected to, and objections, is any, shall be stated
on'or before 8/1/22
(d): Accident reports prepared in the regular course of business shall be exchanged pursuant to
CPLR 3101(g) by
(e) Other interrogatories (CPLR 3130, 3101(d), etc.):
All such disclosure, unless. otherwise noted herein, shall be completed by
(f) Plaintiff shall provide authorizations for the following collateral source providers (CPLR 4545) within
20 __ days: RCRS New York
(7) The parties shall ensure that a stipulation of discontinuance shail be promptly filed if the case settles before
the next meeting with the Court. Failure to comply with any of thesé directions’may result in the imposition
begs tm
of costs or-sanctions or: other action authorized by law.
(go
(8) Motion: any dispositive motion(s) (CPLR 3211 and 3212) shall be made on or before _}/ 0 A len 4
(9) Tmpleader Motion(s) to ame: nd | the pleadings or to‘add parties: shall be completed on.or-before
TS
(10) End Date for all Disclosure: gS -(o- MB?
Compliance Conde. shallbeheldon fA~!-JOBR (To be set by-Clerk)
I. Affirmation of Injuries: (if applicable) At {lm Aa Tens
The most serious injury alleged in this-action is:
for extensive cancer treatment
(12) Summary Judgment Motions:
Pursuant to CPLR 3214(b), service of a-Notice of Motion under rule 3211, 3212.or 3213 shall NOT stay
disclosure pending the determination of that motion.
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= INDEX NO, 600444/2022
:
NYSCEF DOC. NO. 480 RECEIVED NYSCEF: 08/26/2022
SUPREME COURT 342 M-1767 Rev..05/21 Page 3
(13) ALTERNATE DISPUTE RESOLUTION:
All counsel are directed to participate in a settlement conference; which will be held on
=~ _ -— either virtually, with the assigned Justice (all parties. will'be-sent a conference link
by. chambers) or by telephone or in person. Counsel-is directed to discuss with their client(s) any
alternative dispute resolution options available through the Court, which ate as follows: (i) a settlement
conference; (ii) participation in a court.alternative. dispute resolution.program, or (iii) alternative
dispute resolution offered by private entities.
By checking the box and typing the Attorey information below, each counsel certifies
that, pursuant to 22 NYCRR 202.11, he/she has conferred with opposing counsel and filed an
Attomey Good Faith ADR Certificate.
At the first mediation conference, counsel must be fully familiar with the case and authorized to enter
into a settlement agreement. Counsel is. urged to have his or her client present, at the settlement conference.
If, however, counsel’s client is notable to appear, his or her client shall be available by telephone. It is
Important to note that participation in a mediation program does not waive any provisions within the
Preliminary conference order orany other time-lities pursuant to NYCRR 202.19.
(14) ORDERED, that all parties shall provide upon request of another party additional authorizations for
production of records maintained by health care providers and/or facilities.
3 of 5
(FILED:
NASSAU_COUNTY
CLERK 0278672022 01:09 PM INDEX NO, 600444/2022
NYSCEF DOC. NO. 480 RECEIVED NYSCEF: 08/26/2022
(15) Note- By checking the box and typing the Attorney information represents, to the court, that the
Preparer obtained permission from that party to enter into this stipulation.
oO Attorney/or Plaintiff(s}: Dell.& Dean, PLLC by Joseph Muzio
Email address: jmuzio@D2triallaw.com
[Attorney/or Plaintiff(s): by
Email address:
Cattorney/or Defendant(s) Rubin Paterniti by Steven Horowitz
Email address: Horowitz@rpgrklaw.com
[¥]Attorney/or Defendant(s) Dr. Stlcco, Or. Glasér & Zwanger Pesiri by Seema Palmerson
Email address: s.palmerson@vbpnplaw.com
[y]JAttorney/or Defendant(s) NYUL Health System by Michael J. Boranian
Email address:
patep: June 23, 2022
Mineola, NY
SO ORDERED:
K x xX X
4S.C,
4 of 5
= INDEX NO, 600444/2022
:
NYSCEF DOC. NO. 480 RECEIVED NYSCEF: 08/26/2022
392 MAPIBTA Rew, Ut Page $
ADDITIONAL DIRECTIVES
In addition to the directives as set forth on the annexed pages, it is further ORDERED as follows
Defendanis to serve BPs as to Aff Def within 60 days
a) Counse! shall contact the Court by conti ee call or a ppear for conf ce prior to making ALY
motions oth than t} se for Su Ahad ent, Th re to do so shall serve as the basis for a
denial of any motion not made in ran with this directive
OTHER ADDITIONAL DIRECTIVES (AS NEEDED)
Remaining depositions as follows:
RONALD STICCO, M.D... eeb 12/16/22
JOSEPH GLASER. M.D.-eeb 1/6/23
ISLAND PULMONARY ASSOCIATES, P.C., eb 1/27/23
NYU LANGONE ISLAND PULMONARY ASSOCIATES, eet 2/17/23
NORTHWELL HEALTH PHYSICIAN PARTNERS, INC. eob 3/10/23
NORTHWELL HEALTH, INC..eab 3/31/23
ZWANGER PESIRi RADIOLOGY GROUP, LLReeb 4/21/23
institution witnesses to be designated in writing 45° days prior to deposition
Piaintiff to respond to the following discovery by 7/1/22 and provide to all parties:
~ all defendants’ initial demands served with answers, if not already served
- VBPNP's demands dated 4/6/22 and 5/20/22. if not already served
-Defendants to respond to plaintiff's demands of 6/22/22 by 8/1/22
ENTERED Dated: sense O° 23-R2D
Ne ree one
Jul 06 2022 SO A
ORDERED:
NASSAU COUNTY
COUNTY CLERK’S OFFICE
& SK x
of.
Preview
ties = INDEX NO. 60044. : NYSCEF DOC. NO. 480 RECEIVED NYSCEF: 08/2 SUPREME COURT 342 M-1767 Rev. 05/21 Page 1 SUPREME COURT COUNTY OF NASSAU IAS JUSTICE HON, RandySue Marber INDEX No, 600444/2022 DANIELLE ZOLLO:and PASQUALE ZOLLO. Preliminary Conferénce Plaintiff(s) Stipulation and Order against (sections 202.8 & 202.12 & 202.19 of the Uniform Rules) JERRY IPE, DO, ELIZABETH ANISIS. DO, YASMIN RIVERA NUNEZ, NP, RONALD STICCO, M.0., JOSEPH GLASER, M.D., ISLAND PULMONARY ASSOCIATES, P.C., NYU LANGONE ISLAND PULMONARY ASSOCIATES, NYU LANGONE HEALTH SYSTEM, Defendant(s) Discovery Track: E S Cc NORTHWELL HEALTH PHYSICIAN PARTNERS, INC., NORTHWELL HEALTH, ING. and ZWANGER PESIR! RADIOLOGY GROUP, LLP. (All items on the form must be completed unless. inapplicable.) It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows: (1) Insurance Coverage (CPLR 3101 (f) If not already provided, shall be furnished by on or before (2) Bill of Particulars: (a) Demand for a Bill of Particulars shall be served by "a. on or before /a (b) Bill of Particulars. shall be served by plaintiffs on or before 7/1/22 (3) Medical Report and Authorizations: Shall be servedas follows: responses to. outstanding demands for-authorizations shall be provided by 71122 (4) Physical Examination: (a) Examination of Danielle Zollo shall be-held within 45 days following completion of party depositions. (b) A copy of ihe physician’s report shall be furnished to plaintiffs) within 45 days.of K The.examination. EBT'S may tot be adjoumed to any later (5) Depositions: de wi eYeou approval Deponent Date.and Time Place. DANIELLE ZOLLO SOP 9/16/22 tod Vietualy PASQUALE ZOLLO O68 9/30/22 bd Or AS mestuatn JERRY IPE, DO ELIZABETH ANISIS, DO GOB 10/14/22 thd reed 1 BOB 11/4/22 tbd YASMIN RIVERA NUNEZ, NP OSB 14/25/22 thd: “remaining defendant depositions on the iast page of order If one deposition fails to take place as scheduled, the remaining parties’ depositions shail nonetheless proceed as Scheduled, except that priorities between defendants and plaintiffs shall be preserved. 1 of.5. = INDEX NO, 600444/2022 : NYSCEF DOC. NO. 480 RECEIVED NYSCEF: 08/26/2022 SUPREME COURT 342 M-1767 Rev. 05/21-Page 2 (6) Other Disclosure: (a) All parties, on or before 8/1/22 , Shall exchange names and addresses of all eyewitnesses and notice witnesses, statements of opposing parties and photographs, or, if hone, provide an. affirmation to that effect. (b) Authorizations for plaintiff(s). employment records for the period _2007- present Shall be furnished on or before 7/1/22 (c) Demand for discovery and inspection shall be served by:2!! parties on or before 7/1/22 The items sought shall be produced to the extent not objected to, and objections, is any, shall be stated on'or before 8/1/22 (d): Accident reports prepared in the regular course of business shall be exchanged pursuant to CPLR 3101(g) by (e) Other interrogatories (CPLR 3130, 3101(d), etc.): All such disclosure, unless. otherwise noted herein, shall be completed by (f) Plaintiff shall provide authorizations for the following collateral source providers (CPLR 4545) within 20 __ days: RCRS New York (7) The parties shall ensure that a stipulation of discontinuance shail be promptly filed if the case settles before the next meeting with the Court. Failure to comply with any of thesé directions’may result in the imposition begs tm of costs or-sanctions or: other action authorized by law. (go (8) Motion: any dispositive motion(s) (CPLR 3211 and 3212) shall be made on or before _}/ 0 A len 4 (9) Tmpleader Motion(s) to ame: nd | the pleadings or to‘add parties: shall be completed on.or-before TS (10) End Date for all Disclosure: gS -(o- MB? Compliance Conde. shallbeheldon fA~!-JOBR (To be set by-Clerk) I. Affirmation of Injuries: (if applicable) At {lm Aa Tens The most serious injury alleged in this-action is: for extensive cancer treatment (12) Summary Judgment Motions: Pursuant to CPLR 3214(b), service of a-Notice of Motion under rule 3211, 3212.or 3213 shall NOT stay disclosure pending the determination of that motion. 2 0f 5 = INDEX NO, 600444/2022 : NYSCEF DOC. NO. 480 RECEIVED NYSCEF: 08/26/2022 SUPREME COURT 342 M-1767 Rev..05/21 Page 3 (13) ALTERNATE DISPUTE RESOLUTION: All counsel are directed to participate in a settlement conference; which will be held on =~ _ -— either virtually, with the assigned Justice (all parties. will'be-sent a conference link by. chambers) or by telephone or in person. Counsel-is directed to discuss with their client(s) any alternative dispute resolution options available through the Court, which ate as follows: (i) a settlement conference; (ii) participation in a court.alternative. dispute resolution.program, or (iii) alternative dispute resolution offered by private entities. By checking the box and typing the Attorey information below, each counsel certifies that, pursuant to 22 NYCRR 202.11, he/she has conferred with opposing counsel and filed an Attomey Good Faith ADR Certificate. At the first mediation conference, counsel must be fully familiar with the case and authorized to enter into a settlement agreement. Counsel is. urged to have his or her client present, at the settlement conference. If, however, counsel’s client is notable to appear, his or her client shall be available by telephone. It is Important to note that participation in a mediation program does not waive any provisions within the Preliminary conference order orany other time-lities pursuant to NYCRR 202.19. (14) ORDERED, that all parties shall provide upon request of another party additional authorizations for production of records maintained by health care providers and/or facilities. 3 of 5 (FILED: NASSAU_COUNTY CLERK 0278672022 01:09 PM INDEX NO, 600444/2022 NYSCEF DOC. NO. 480 RECEIVED NYSCEF: 08/26/2022 (15) Note- By checking the box and typing the Attorney information represents, to the court, that the Preparer obtained permission from that party to enter into this stipulation. oO Attorney/or Plaintiff(s}: Dell.& Dean, PLLC by Joseph Muzio Email address: jmuzio@D2triallaw.com [Attorney/or Plaintiff(s): by Email address: Cattorney/or Defendant(s) Rubin Paterniti by Steven Horowitz Email address: Horowitz@rpgrklaw.com [¥]Attorney/or Defendant(s) Dr. Stlcco, Or. Glasér & Zwanger Pesiri by Seema Palmerson Email address: s.palmerson@vbpnplaw.com [y]JAttorney/or Defendant(s) NYUL Health System by Michael J. Boranian Email address: patep: June 23, 2022 Mineola, NY SO ORDERED: K x xX X 4S.C, 4 of 5 = INDEX NO, 600444/2022 : NYSCEF DOC. NO. 480 RECEIVED NYSCEF: 08/26/2022 392 MAPIBTA Rew, Ut Page $ ADDITIONAL DIRECTIVES In addition to the directives as set forth on the annexed pages, it is further ORDERED as follows Defendanis to serve BPs as to Aff Def within 60 days a) Counse! shall contact the Court by conti ee call or a ppear for conf ce prior to making ALY motions oth than t} se for Su Ahad ent, Th re to do so shall serve as the basis for a denial of any motion not made in ran with this directive OTHER ADDITIONAL DIRECTIVES (AS NEEDED) Remaining depositions as follows: RONALD STICCO, M.D... eeb 12/16/22 JOSEPH GLASER. M.D.-eeb 1/6/23 ISLAND PULMONARY ASSOCIATES, P.C., eb 1/27/23 NYU LANGONE ISLAND PULMONARY ASSOCIATES, eet 2/17/23 NORTHWELL HEALTH PHYSICIAN PARTNERS, INC. eob 3/10/23 NORTHWELL HEALTH, INC..eab 3/31/23 ZWANGER PESIRi RADIOLOGY GROUP, LLReeb 4/21/23 institution witnesses to be designated in writing 45° days prior to deposition Piaintiff to respond to the following discovery by 7/1/22 and provide to all parties: ~ all defendants’ initial demands served with answers, if not already served - VBPNP's demands dated 4/6/22 and 5/20/22. if not already served -Defendants to respond to plaintiff's demands of 6/22/22 by 8/1/22 ENTERED Dated: sense O° 23-R2D Ne ree one Jul 06 2022 SO A ORDERED: NASSAU COUNTY COUNTY CLERK’S OFFICE & SK x of.