Plaintiffs, - against - Index No /2012. Defendants. x. PLEASE TAKE NOTICE, that the annexed Proposed Judgment will be presented to the

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS LUCILLE MERCAO, as Administratrix of the Estate of HARRY MERCAO, deceased, Plaintiffs, NOTICE OF SETTLEMENT OF JUGMENT - against - Index No /2012 FAISAL WASEEM, RITU AVE, BIJAN GOLYAN, NORTH SHORE-LONG ISLAN JEWISH HEALTH SYSTEMS, LONG ISLAN JEWISH MEICAL CENTER, and FOREST HILLS HOSPITAL, efendants. x SIR/MAAM: PLEASE TAKE NOTICE, that the annexed Proposed Judgment will be presented to the Judgment Clerk of the within named Court at the general courthouse located at Sutphin Boulevard, Jamaica, New York, on the 15th day of November 2016 at 9:30 o'clock in the forenoon of that day for settlement and signature. ated: New York, New York November 2, 2016 Yours, etc. BY: upa Banik AARONSON RAPPAPORT FEINSTEIN & EUTSCH, LLP Attorneys for efendants NORTH SHORE LONG ISLAN JEWISH HEALTH SYSTEM, INC., LONG ISLAN JEWISH MEICAL CENTER and FOREST HILLS HOSPITAL Office & P.O. Address 600 Third Avenue New York, NY { OCX )

2 I - To: Lucille Mercado Plaintiff Pro Se th Street Middle Village, New York By Certified Mail Return Receipt Requested Silberstein Awad & Miklos, P.C. Attorneys for Plaintiffs 600 Old Country Road Garden City, NY (516) Ivone evine & Jensen, LLP Attorneys for efendant RITU AVE, M Marcus Avenue, Suite N100 Lake Success, NY Chesney & Nicholas Attorneys for efendant BIJAN GOYLAN, M Underhill Boulevard, Ste. 308 Syosset, NY Wagner, oman & Leto, P.C. Attorneys for efendant FAISAL WASEEM, M.. s//h/a FAISAL WASEEM 227 Mineola Boulevard Mineola, NY (516) { OCX -2-

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS LUCILLE MERCAO, as Administratrix of the Estate of HARRY MERCAO, deceased, JUGMENT Plaintiffs, Index No / against - FAISAL WASEEM, RITU AVE, BIJAN GOLYAN, NORTH SHORE-LONG ISLAN JEWISH HEALTH SYSTEMS, LONG ISLAN JEWISH MEICAL CENTER, and FOREST HILLS HOSPITAL, efendants. x Plaintiffs counsel, now relieved as attorney for plaintiff, Silberstein Awad & Miklos, P.C., having moved this Court by Order to Show Cause filed on October 14, 2015 for leave to withdraw as attorneys for plaintiff; AN, a hearing of plaintiff's counsel's Order to Show Cause to withdraw as attorney for plaintiff having been held on March 9, 2016 before the Hon. Peter O'onoghue, Supreme Court of the State of New York, County of Queens; AN, the Court having granted said application by Order dated March 14, 2016 directing that the case be stayed and that all parties, including plaintiff LUCILLE MERCAO, as Administratrix of the Estate of HARRY MERCAO, deceased, appear for a Conference before the Hon. Peter J. O'onoghue on June 29, 2016; further directing plaintiff to produce an affidavit or affirmation by a medical professional setting for the merits, failure to do so resulting in a dismissal of the action; AN, plaintiff not having appeared for said Conference on June 29, 2016 either pro se or ( OCX )

4 1 I 1 by new counsel; AN, the Complaint as to efendant FAISAL WASEEM having been dismissed by Order the Court dated July 28, 2015; NOW, upon the Order of the Court dated September 13, 2016, dismissing the Complaint with prejudice pursuant to 22NYRR [b] for willful and contumacious abandonment of the action; it is hereby AJUGE, that the Complaint of the plaintiff, LUCILLE MERCAO, as Administratrix of the Estate of HARRY MERCAO, deceased, who resides at th Street, Middle Village, New York 11379, against the remaining defendants: RTIU AVE, represented by IVONE EVINE & JENSEN, LLP, 2001 Marcus Avenue, Suite N100, Lake Success, NY 11042; BIJAN GOYLAN, represented by CHESNEY & NICHOLAS, 485 Underhill Boulevard, Ste. 308, Syosset, NY 11791; and NORTH SHORE LONG ISLAN JEWISH HEALTH SYSTEM, INC., LONG ISLAN JEWISH MEICAL CENTER and FOREST HILLS HOSPITAL, represented by AARONSON RAPPAPORT FEINSTEIN & EUTSCH, LLP, 600 Third Avenue, New York, NY 10016, is hereby dismissed with prejudice, and the aforementioned defendants, have judgment over and against the plaintiff without costs and without disbursements. Judgment entered this day of, Clerk of the Court { OCX ) -2-

5 ;;71, r..'1.:.<:::: -z-,-717-f.:::7 -AttAc'14-FAi, SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS x LUCILLE MERCAO, as Administratrix of the Estate of HARRY MERCAO, deceased, AFFIRMATION OF WAIVER OF Plaintiffs, BILL OF COSTS - against - Index No /2012 FAISAL WASEEM, RITU AVE, WAN GOLYAN, NORTH SHORE-LONG ISLAN JEWISH HEALTH SYSTEMS, LONG ISLAN JEWISH MEICAL CENTER, and FOREST HILLS HOSPITAL, efendants. x SIR/MAAM: RUPA BANIK, an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms the following under the penalties of perjury: 1. I am an associate with the law firm of AARONSON RAPPAPORT FEINSTEIN & EUTSCH, LLP, attorneys of record for defendants, NORTH SHORE LONG ISLAN JEWISH HEALTH SYSTEM, INC., LONG ISLAN JEWISH MEICAL CENTER and FOREST HILLS HOSPITAL. As such, I am fully familiar with the facts and circumstances surrounding this matter based on the records maintained by this office and in my capacity as trial counsel for the aforementioned defendant. 2. It is hereby affirmed by the undersigned, as attorneys of record for the defendants, NORTH SHORE LONG ISLAN JEWISH HEALTH SYSTEM, INC., LONG ISLAN JEWISH MEICAL CENTER and FOREST HILLS HOSPITAL, that said defendants waive any and all costs and disbursements associated with the defense of the above-captioned action { OCX

6 and the entering of the instant judgment. WHEREFORE, it is respectfully requested that the Judgment as filed dismissing the complaint with prejudice as against NORTH SHORE LONG ISLAN JEWISH HEALTH SYSTEM, INC., LONG ISLAN JEWISH MEICAL CENTER and FOREST HILLS HOSPITAL be entered. ated: New York, New York September 21, 2016 Rupa Banik ( OCX ) -2-

7 (FILE: QUEENS COUNTY CLERK M.1. : 25 AM NYSCEF OC. NO. 69 INEX NO /2012 RECEIVE NYSCEF: 07/30/2015 NEW YORK SUPREME COURT - QUEENS COUN'T'Y' Present: Honorable, PETER J. O'ONOGHUE IAS PART M Justice Lucille Mercado, as Administratrix of the Estate of Harry Mercado,.deceased, IndeXVoi:: /12 Faisal Waseemy, -against- efendants.. F E ofi- ate:2/25/15 JUL mtiot1h.5.04., No 0 COUNTY CLFRK, OUEENS COUNTY 03 The following papets numbered 49-60; 62-6If read on this motion by the defendant Faisal Waseem, M.. ("r. Waseem") for an: order granting summary judgment in.-his favor and dismissing the Complaint. PAPERS NUMBERE,.N.M.-AffidavitsExhibits Opposition Papers-Affidavits-Exhibits Reply Affirmation-Exhibits Upon the foregoing papers and oral argument it is ordered that this motion by the defendant Faisal Waseem, M.. ("r_ Waseem") for an order granting summary judgment in his favor and dismissing the Complaint is granted and the Complaint as asserted against r. Waseem is dismissed. r. Waseem Submitted, in. suppott of his motion, the expert affirmation of r. Robert Perlmutter (apnexed to moving papers as Exh I). In opposition,.co-defendants NSW Health Systems, LIJ Medical Center and Forest Hills Hospital and plaintiff argue, inter alia, that r. Waseem failed. to meet his burden because r. Perlmautter failed to address plaintiff's allegations of negligence against r. Waseem with respect to his failure to communicate with the consultants and coordinate care. In fact, these allegations are addressed. by virtue Of r. Perlmutter's opinions that the "standard of care requires. an internal medicine doctor to defer to the judgment and expertise.of a cardiologist when it comes to cardiology issues" and that "r. WaseeM did exactly What he should. have. in. calling for a cardiology consult as well as various other consults and ensuring that. Mr,..Mercado continued to be followed. In. light of the. fact that r. Waseem established his prima facie entitlement to summary judgment through the submission of r. Permutter's

8 I1"',' 7:', 'n I 1-7tK:r.fmnIFTWITil. 1. expert affirmation, plaintiff and co-defendants were required to submit an expert affirmation (s) raising a question of fact with respect to the standard of care, departures a nd causation which they did not do, requiring dismissal of the Complaint against r. Waseem. (See Amsler v Verilli, 119 A2d 786[19861; see also Alvarez v. Prospect Hospital, 68 NY2d 320 [1986].) The amended caption shall read as follows: Supreme Court, of the State of New York County of 'Queens Lucille Mercado, as Admihistratrix of the Estate of Harry Mercado, deceased Plaintiff -against- "r. R. ave" (the named "r. R. ave" being ficitious and representing the ICU attending physician who treated plaintiff's decedent on 9/25/10 and throughout plaintiff's decedent's admission, "r. Golga (the name r. Golga being, fictitious and representing the cardiologist who signed the cardiology consult on 9/25/10 and who continued to treat plaintiff's decedent throughout his admission), North Shore-Long Island Jewish Health Systems, Long Island Jewish Medical Center and Forest Hills Hospital, ated: July 28, 2015 efendants, FILE JUL COUNTY... WEE CLERK NSCOUNTY Hon. Peter J onoghue, J.S.C.

9 r Lucille Mercado v. North Shore LIJ Health Systems, et al. ARF& File No: AFFIAVIT OF SERVICE BY MAIL STATE OF NEW YORK COUNTY OF NEW YORK ss.: Said Belabed, being duly sworn, deposes and says: that deponent is not a party to the action, is over 18 years of age and resides in Queens County, New York. That on the 2nd day of November, 2016, deponent served the within Judgment with Notice of Settlement and Affirmation of Waiver of Bill of Costs on behalf of defendants NORTH SHORE LONG ISLAN JEWISH HEALTH SYSTEM, INC., LONG ISLAN JEWISH MEICAL CENTER and FOREST HILLS HOSPITAL upon: Lucille Mercado Plaintiff Pro Se th Street Middle Village, New York By Certified Mail Return Receipt Requested and by Regular Mail SILBERSTEIN AWA & MIKLOS, P.C. ATTORNEYS FOR PLAINTIFFS 600 OL COUNTRY ROA GAREN CITY, NY (516) IVONE EVINE & JENSEN, LLP ATTORNEYS FOR EFENANT RITU AVE, M MARCUS AVENUE, SUITE N100 LAKE SUCCESS, NY CHESNEY & NICHOLAS ATTORNEYS FOR EFENANT BIJAN GOYLAN, M UNERHILL BOULEVAR, STE. 308 SYOSSET, NY WAGNER, OMAN & LETO, P.C. ATTORNEYS FOR EFENANT FAISAL WASEEM, M.. S//H/A FAISAL WASEEM 227 MINEOLA BOULEVAR MINEOLA, NY (516) at the address designated by said attorney(s) for that purpose by depositing a true copy of same enclosed in a postpaid, properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Post Office within the State of New York. Sworn to before me this 2nd day of November, ( ///,..16et, ary Public a,s-ca Said Belabed { OCX } GLORIA_WILLIAMS Notary OUtilici State of NevrYorg No 01AII Qualified in Gun scounty :iirrieeign 01 Expire!.0:1.. Pie

10 2_ 31-1 io m U.S. Postal ServiceTM CERTIFIE MAIL RECEIPT omestic Mail Only For delivery information, visit our website at O mr - r1 LT) rṟ Certified Mail Fee $ Extra Services & Fees (check box, add fee as appropriate) o Return Receipt (hardcopy) 0 Return Receipt (electronic) 0 Certified Mall Restricted elivery $ 0 Adult Signature Required AdultSignature Restricted elivery $ Postage $ Total Postage and Fees Sent To, -g reef and City, tate, C. ofr v-aati A,/ PS Form 3800, April 2015 PSN Postmark Here See Reverse for Instructions 3