FILED: KINGS COUNTY CLERK 12/08/2022 02:06 PM
`NYSCEF DOC. NO. 99
`
`INDEX NO. 504233/2022
`
`RECEIVED NYSCEF: 12/08/2022
`
`
`
`
`
`
`
`Index No.: 504233/2022
`
`DEMAND FOR
`
`AUTHORIZATIONS
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`--------------------------------------------------------------------X
`RAMON DE LA CRUZ, as Administrator of the Estate
`of JULIA PUENTE, Deceased, and RAMON DE LA
`CRUZ individually,
`
` Plaintiffs,
`
` - against –
`
`MOUNT SINAI SOUTH NASSAU, ATLANTIS
`OPERATING, LLC d/b/a PHOENIX
`REHABILITATION & NURSING CENTER, THE
`BROOKLYN HOSPITAL CENTER and
`WILLIAMSBURG SERVICES, LLC d/b/a BEDFORD
`CENTER FOR NURSING AND REHABILITATION,
`
` Defendants.
`--------------------------------------------------------------------X
`
`
`
`COUNSELORS:
`
`
`
`
`
`PLEASE TAKE NOTICE that within twenty (20) days from the date hereof, you are
`
`required to serve the undersigned with duly executed authorizations, which includes the addresses
`
`of the party to whom the authorizations apply, permitting McHENRY & HORAN, P.C., or their
`
`authorized representatives to obtain copies of the records for the following physicians/entities:
`
`1. Dr. De Ycaza.
`
`PLEASE TAKE FURTHER NOTICE that defendants require the full names and
`
`addresses of all of the above to expedite procurement of these records.
`
`PLEASE TAKE FURTHER NOTICE that all authorizations for the release of medical
`
`records must be in the proper format and be in full compliance with the requirements of Health
`
`Insurance Portability and Accountability Act (HIPAA) and contain the following statement: “this
`
`authorization will remain in effect up to the conclusion of my court case.”
`
`
`
`
`
`1 of 4
`
`

`

`FILED: KINGS COUNTY CLERK 12/08/2022 02:06 PM
`NYSCEF DOC. NO. 99
`
`INDEX NO. 504233/2022
`
`RECEIVED NYSCEF: 12/08/2022
`
`
`
`PLEASE TAKE FURTHER NOTICE that all authorizations are to permit for the release
`
`of the entire medical record, and alcohol/drug treatment, mental health information, and HIV-
`
`related information. The authorizations are to state that they remain in effect to the conclusion of
`
`the litigation.
`
`
`
`PLEASE TAKE FURTHER NOTICE that with respect to the provisions of the CPLR
`
`§3103(b), your attention is directed to CPLR §3122.
`
`
`
`PLEASE TAKE NOTICE that failure to comply with this demand will serve as a basis
`
`for a motion to preclude Plaintiff, upon the trial of this action, from offering proof relative to
`
`medical damages, if such authorizations, and/or records, are not forthcoming within twenty (20)
`
`days after service of a copy of the within Demand.
`
`Dated: Uniondale, New York
`
`December 7, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, etc.
`
`
`McHENRY & HORAN, P.C.
`By: Sally Kassim-Schaefer
`
`Sally Kassim-Schaefer
`
`Attorneys for Defendant
`
`SOUTH NASSAU COMMUNITIES
`HOSPITAL d/b/a MOUNT SINAI SOUTH
`NASSAU s/h/a MOUNT SINAI SOUTH
`NASSAU
`626 RXR Plaza
`Uniondale, New York 11556
`(516) 229-2250
`
`
`
`
`
`
`
`
`
`TO: KARASIK LAW GROUP, P.C.
`
`Attorneys for Plaintiffs
`
`1810 Voorhies Avenue, Suite 9
`
`Brooklyn, New York 11235
`
`(718) 502-9112
`
`Via E-filing
`
`
`
`
`SHEELEY, LLP
`Attorneys for Defendants
`
`
`
`
`
`2 of 4
`
`

`

`FILED: KINGS COUNTY CLERK 12/08/2022 02:06 PM
`NYSCEF DOC. NO. 99
`
`INDEX NO. 504233/2022
`
`RECEIVED NYSCEF: 12/08/2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ATLANTIS OPERATING, LLC
`d/b/a PHOENIX REHABILITATION & NURSING CENTER
`100 Wall Street, 19th Floor
`New York, New York 10005
`(646) 650-5952
`Via E-filing
`
`KAUFMAN BORGEEST & RYAN, LLP
`Attorneys for Defendant
`THE BROOKLYN HOSPITAL CENTER
`200 Summit Lake Drive
`Valhalla, New York 10595
`(914) 449-1000
`Via E-filing
`
`FUMUSO, KELLY, SWART,
` FARRELL, POLIN & CHRISTESEN, LLP
`Attorneys for Defendant
`WILLIAMSBURG SERVICES, LLC d/b/a BEDFORD
`CENTER FOR NURSING AND REHABILITATION
`110 Marcus Boulevard
`Hauppauge, New York 11788
`(631) 232-0200
`Via E-filing
`
`
`
`
`
`3 of 4
`
`

`

`FILED: KINGS COUNTY CLERK 12/08/2022 02:06 PM
`NYSCEF DOC. NO. 99
`
`INDEX NO. 504233/2022
`
`RECEIVED NYSCEF: 12/08/2022
`
`
`
`
`
`LAW OFFICE
`MCHENRY & HORAN, P.C.
`
` 504233 Year 2022
`Index No.
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`
`RAMON DE LA CRUZ, as Administrator of the Estate of JULIA PUENTE, Deceased, and
`RAMON DE LA CRUZ, Individually,
`
`
`
`
`
`
`
` -against-
`
`MOUNT SINAI SOUTH NASSAU, ATLANTIS OPERATING, LLC d/b/a PHOENIX
`REHABILITATION & NURSING CENTER, THE BROOKLYN HOSPITAL CENTER and
`WILLIAMSBURG SERVICES, LLC d/b/a BEDFORD CENTER FOR NURSING AND
`REHABILITATION,
`
` Defendants.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`DEMAND FOR AUTHORIZATIONS
`
`LAW OFFICES
`MCHENRY & HORAN, P.C.
`Attorneys for Defendant
`MOUNT SINAI SOUTH NASSAU
` 626 RXR PLAZA
`UNIONDALE, NY 11556
`(516) 229-2250
`
`
`To
`
`Attorney(s) for
`
`Service of a copy of the within is hereby admitted.
`
`Dated, ……………………………………………………………………………………………
`
` Attorney(s) for
`
`Sir: —Please take notice
` NOTICE OF ENTRY
`That the within is a (certified) true copy of a
`duly entered in the office of the clerk of the within named court on 20
` NOTICE OF SETTLEMENT
`that an order of which the within is a true copy will be presented for
`settlement to the Hon. one of the judges
`of the within named court, at
`on 20 at M.
`
`Dated
`
`
`To
`
`Attorney(s) for
`
`
`
`
`
`4 of 4
`
`Yours, etc.
`MCHENRY & HORAN, P.C.
`Office and Post Office Address
`626 RXR PLAZA
`UNIONDALE, NY 11556
`
`