INDEX NO. EF NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/15/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS

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1 FILED: TOMPKINS COUNTY CLERK 10/15/ :33 AM CI SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS Index # : EF Robert Jacobson and Mary Jacobson, vs. Plaintiff( s), Case No.: James S. Gaffney, M.D., et a!., Defendant(s). N~~ 'lot'''' STATE OF COUNTY OF \ ic)~ ss.: AFFID~RVICE E:!i \\0.." "T1t.R..-, the undersigned, being duly sworn, deposes and says that I I, Do. was at the tillle of service pyer the age of eighteen and not a party to this action. I reside in the State of N~\!:I )l,,~'". On -Sl/..~\ 11> It>\\o at 1'2. '. 0'\ 7\M / M> I served the within Notice of Commencement of Action snbject to Mandatory Electronic Filing; Snmmons; Verified Complaint; Attorney Verification; Certificate of Merit; with the index# endorsed thereon on Caynga Medical Associates, P.C. d/b/a Caynga Neurologic Services of CMA,. Said service was effected at \~() \ 'T1'\:>'('()<\n':.~vr\A ~a.s\);~-t 'V :S:\\o.tQ, ~ 1~'tSo -l in the following manner: Registered Agent: By leaving a copy of the above listed documents with \.. i-;:,o. L~d.C)",)(., the registered agent of Cayuga Medical Associates, P.e. d/b/a Cayuga Neurologic Services of CMA. o Officer/Agent: By leaving a copy of the above listed documents with: ;-;--;:--"--;--'7"C-=o;-;-;;-~c;-", who is an officer or agent of Cayuga Medical Associates, P.C. d/b/a Cayuga Neurologic Services of CMA. o Other: By leaving a copy of the above listed documents with: Addl Comments: Description of person process was left with: Sex: ~~i'i\t\\a. Race: V0\-.~\~ Approx. Age: li\ Hair Color: ~\o.~~ Height: :5' '1 " Weight: I ~ 0 II X )::;:Jc.!l<s ~tv PAULA TEETER Notary Public, Stale of New York Registration No. OHE Qualified in 110ga County Commission Expires April 24, H0415* 1 of 9

2 FILED: TOMPKINS COUNTY CLERK 10/15/ :33 AM INDEX Index NO. #: EF SUPREME COURT OF THE STATE OF NEW YORK COUNTYOF~D~UT~C~H~E~SS~... x ROBERT JACOBSON and MARY JACOBSON, PlalntlfrlPetitioner, against Index No JAMES S. GAFFNEY, M.D" at ai., DefendanURespondant.... x NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAI<E NOTICE that the matter captioned above has been commenced as an electronically flied case In the New York State Courts Electronic Filing System ("NYSCEF") as required by CPLR 2111 and Uniform Rule 202,5 bb (mandatory eleclronlc filing), This notice Is being served as required by Ihal rule, NYSCEF is designed for Ihe eleclronlc tiling of documents wllh Ihe County Clerk and Ihe courl and for the eleclronlc service of Ihose documents, court documents, and court notices upon counsel and unrepresented litigants who have consented to electronlo filing, Electronic filing offers significant benefits for attorneys and litigants, permlltlng papers to be filed wllh the County Clerk and the court and served on olher parties simply, convenlenlly, and quickly. NYSCEF case documents are flied with the Counly Clerk and the court by filing on Ihe NYSCEF Webslle, which can be done at any time of Ihe day or night on any day of Ihe week, The documents are served automatically on all consenting e fllers as soon 'IS the document Is uploaded 10 the website, which sends out an Immediate notification of the filing, The NYSCEF System charges no fees for filing, serving, or viewing the electronic case record, nor does II charge any fees to print any flied documents, Normal tiling teas must be paid, but this Gan be done on-line, Parties represented by an attorney: An attorney representing a party who Is served wllh this notice must either: 1) immediately record his or her represenlatlon wllhln the e flled malter on Ihe NYSCEF site; or 2) file Ihe Notice of Opt Out form with the clerk of Ihe court where Ihls action Is pending. Exemptions from mandatory a fiilng are limited to attorneys who certify In good faith that they lack the computer hardware andlor scanner andlor Internet connection or Ihat they lack (along with all employees subject to Ihelr direction) the operational knowledge to comply with a flllng requirements. [Section bb(e)) Parties not represented by an attorney: Unrepresented litigants are exompt from e flllng, They can serve and file documents In paper form and must be served wllh documents In paper form, However, an unrepresented liiigant may participate In e flling, Page 1 of 2 EFM 1 2 of 9 2 of 9

3 FILED: TOMPKINS COUNTY CLERK 10/15/ :33 AM INDEX Index NO. #: EF For Information on how to participate in e-filing, unrepresented litigants should contact the appropriate clerk In the court where the action was filed or visit Unrepresented titlgants also are encouraged to visit or contact the Help Center In the court where the action was filed. An unrepresented litigant who consents to e-filing may cease parllclpatlon at any time. However, the other parlles may continue to e-file their court documents In the case. For addltlonallnformallon about electronic filing and to create a NYSCEF account, visit the NYSCEF website at the NYSCEF Resource Center (phone: ; efile@nycourts.gov). Dated: September 15, 2016 ) 2 Overhlll Road, Sutte 200 Address Name Scarsdale, New York Plrrotti & Glall Law Firm PLLC (914) Firm Name Phone Inro@plrrollilawfirm.com To: See allachod. 9/3/15 Index fi Page 2 of 2 EFM-1 3 of 9 3 of 9

4 FILED: TOMPKINS COUNTY CLERK 10/15/ :33 AM INDEX Index NO. #: EF TO: JAMES S. GAFFNEY, M.D. 8 Brentwood Drive d/b/a CAYUGA NEUROLOGIC SERVICES OF CMA CAYUGA NEUROLOGIC SERVICES, LLP 119 W. Buffalo St. MARC L. JOUANDET, M.D. Imaging On Call 300 Westage Business Center Drive, Suite 280 Fishkill, New York RADIOLOGY ASSOCIATES OF ITHACA, P.C. ANDREIA P. DE LIMA, M.D. d/b/a HOSPITAL MEDICINE SPECIALISTS OF CMA DIRK H. DUGAN, M.D. 16 Brentwood Drive Suite A d/b/a ORTHOPEDIC SERVICES OF CMA 4 of 9 4 of 9

5 JOSEPH K. BYLEBYL, M.D. CAYUGA ANESTHESIA ASSOCIATES, PLLC 201 Dates Drive BREIT H. YOUNG, M.D. 120 Medical Park Drive Walterboro, South Carolina CAYUGA MEDICAL CENTER AT ITHACA, INC. dlbla CAYUGA MEDICAL CENTER WILLIAM A. KLEPACK, M.D. Dryden, New York MASON M. SOPCHAK, D.O. Dryden, New York Dryden, New York of 9 5 of 9

6 IFILED: DUTCHESS COUNTY CLERK 09/15/ : 46 pm) INDEX NO '/6 NYSCEF DOC. NO. 1 REC~rV~D NYSCEF: 09/15/2016 SUPREME COURT OFTHE STATE OF NEW YORK COUNTY OF DUTCHESS ---" X Index No ROBERT JACOBSON and MARY JACOBSON, Date Purchased 09/15/2016 -against- Plaintiffs, JAMES S. GAFFNEY, M.D., CAYUGA MEDICAL ASSOCIATES, P.C. dlbla CAYUGA NEUROLOGIC SERVICES OF CMA, CAYUGA NEUROLOGIC SERVICES, LLP, MARC L. JOUANDET, M.D., RADIOLOGY ASSOCIATES OF ITHACA, P.C., ANDREIA P. DE LIMA, M.D., CAYUGA MEDICAL ASSOCIATES, P.C. dlbla HOSPITAL MEDICINE SPECIALISTS OF CMA, DIRK H. DUGAN, M.D., dlbla ORTHOPEDIC SERVICES OF CMA, JOSEPH K. BYLEBYL, M.D., CAYUGA ANESTHESIA ASSOCIATES, PLLC, BRE'lT H. YOUNG, M.D.,, CAYUGA MEDICAL CENTER AT ITHACA, INC. dlbla CAYUGA MEDICAL CENTER, WILLIAM A. KLEPACK, M.D., MASON M. SOPCHAK, D.O. and, Defendants...."..., x To the above-named De.fendant(s); Plaintiffs designate DUTCHESS County as the place oflrial. The basis of the venue is Business Address of Defendant SUMMONS Plaintiffs reside at 1776 Gee Hill Road Dlydcn, New York Cmmty oftollipkins YOU ARE HEREBY SUMMONED to answer the Complaint in this!lction and to serve a copy of your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of Appearance, 01\ the Plairitiffs' Attol'lleys within 20 days after the service of this Summons, exclu'~ive ofthe.day of set vice (01' within 30 days after the service is complete ifthis Summons is not personally delivered to you.. within the State of New York); and in case of your failure to appeal'.01' Answer, judgment will be. taken against you by der~ult for the relief demanded iit the Complaint.. 1 C?f of 9 6 of 9

7 Dated: Scarsdale, New York September 15, By: ANTH NY PIRROTTI, JR. PIRROTTI & GLATT LAW FIRM PLLC Attol'lleys for Plaintiffs. Office and Post Office Address 2 Overllill Road, Suite 200 Scarsdale, New York (914) TO: JAMES S. GAFFNEY, M.D. S Brentwood Drive CA YUOA MEDICAL ASSOCIATES, P.C. d/b/a CAYUGA NEUROLOGIC SERVICES OF CMA Ithacn, New York CAYUGA NEUROLOGIC SERVICES, LLP 119 W. Buffalo St. IUmcn, New York MARC L. JOUANDET, M.D. Imaging On Call 300 Westage Business Center Drive, Suile 280 Fishkill, New York RADIOLOGY ASSOCIATES OF ITHACA, P.C.. Ithacn, New York ANDREIAP. DELIMA,M.D. 10 J Dates Drive 2 of of 9 7 of 9

8 CAYUGA MEDICAL ASSOCIATES, P.e. dlbla HOSPITAL MEDICINE SPECIALISTS OF CMA 101 Dales Drive DIRK H. DUGAN, M.D. 16 Brentwood Drive Sitile A CAYUGA MEDICAL ASSOCIATES, P.C. dlbla ORTHOPEDIC SERVICES OF CMA. JOSEPH K. BYLEBYL, M.D. CAYUGA ANESTHESIA ASSOCIATES, PLLC 201 Datcs Drive Ithaca, New York J 4850 BREIT H: YOUNG, M.D.' J 20 Medical Park Drive Walterboro, South Carolina CAYUGA MEDICAL CENTER AT ITHACA, INC. d/b/a CAYUGA MEDICAL CENTER 10 rdates Drive WILLIAM A. KLEPACK, M.D. Dryden, New York of of 9 8 of 9

9 MASON M. SOPCHAK, D.O.. Dt'yden, New York Dryden, New York Of of 9 9 of 9