FILED: NASSAU COUNTY CLERK 06/29/ :27 PM INDEX NO /2014 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 07/03/2018

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1 Calendar No. (if any) :... NOTE OF SSUE / ndex No. : / Supreme Court, NASSAU County, N.Y. For use of Clerk URSULA COVAY, as Executor of the Estate of DONALD COVAY,...Hon. Roy Mahon... Name of Judge assigned NOTCE FOR TRAL E Trial by jury demanded 0 Of all issues 0 Of issues specified below -against- or attached hereto FRANKLN HOSPTAL, NORTH SHORE - LONG SLAND JEWSH FRANKLN HOSPTAL, NORTH SHORE - LONG SLAND JEWSH HEALTH SYSTEM, NC., NORTH SHORE LONG SLAND JEWSH HOME CARE NETWORK, LONG SLAND JEWSH HOME CARE, ROCKVLLE SKLLED NURSNG & REHABLTATON CENTER, LLC, VSTNG NURSE SERVCE OF NEW YORK, and VSTNG NURSE SERVCE OF NEW YORK HOME CARE, Defendants. Trial without jury Filed by attorney for...december 16, Date summons served...february 11, Date service completed February 11, Date issue joined December 30, NATURE OF ACTON OR SPECAL PROCEEDNG Special preference claimed under Tort:... 0Je Other tort on the ground that. 0 Contract 0 Motor vehicle negligence Medical malpractice... 0 Contested matrimonial 0 Uncontested matrimonial Law Offices of Dennis J. Kelly, P.C. 0 Tax certiorari Attorneys for 0 Condemnation 1248 Montauk Highway O Other (not itemized above) specify. West slip, New York Nursing Home Negligence and Abuse... Telephone: (516) This action is brought as a class action Charmagne Padua, Esq. 0 This is a medical malpractice action: panel procedures prescribed by Rosenblum Newfield, LLC court rules pursuant to Jud. 148-a. Attorney For: Visiting Nurse Service of New York 0 have been completed 0 have not been completed 50 Main Street, 10th Floor Amount demanded $... White Plains, NY her relief. Phone: (914) nsurance carrier(s), if known:... Jill Greenfield, Esq. Rubin Sheeley Paterniti Gonzalez, LLP Louis Adolfsen, Esq. Attorney For: Franklin Hospital and Long sland Jewish Melito & Adolfsen P.C. Homecare Attorney For: Rockville Skilled Nursing & Rehabilitation Center, 1225 Franklin Avenue, Suite 200 LLC Garden City, NY Broadway, Suite 1010 Phone: (516) New York, New York Phone: (212) NOTE: Clerk will not accept this note of issue unless accompanied by a certificate of readiness, or, in a medical malpractice action, unless, where applicable, the certificate of readiness previously has been filed and the panel procedures prescribed by the court rules pursuant to section 148-a of the Judiciary Law have been completed. 1 of 7

2 CERTFCATE OF READNESS FOR TRAL (tems 1-7 must be checked) Completed Waived Not Required 1. All pleadings served...x Bill of particulars served......x Physical examinations completed x Medical reports exchanged x Appraisal reports exchanges x Compliance with the Rules in matrimonial actions (22 NYCRR ) x Discovery proceedings now known to be necessary are completed. 8. There are no outstanding requests for discovery and outstanding depositions. 9. There has been a reasonable opportunity to complete the foregoing proceedings. 10. There has been compliance with any order issued pursuant to the Precalendar Rules (22 NYCRR ). 11. f a medical malpractice action, there has been compliance with any order issued,pursuant to 22 NYCRR The case is ready for trial. Dated: July 3, ,..x' & ature type name below. Robert Kerrigan, Esq. LAW OFFCES OF DENNS J. KELLY, P.C. Attorney(s) for Office & P.O. Address 1248 Montauk Highway West slip, New York (516) State of New York, County of ss.: State of New York, County of Suffolk ss.: Flore Felix being duly sworn, deposes and says: that deponent is not a party to the action, is over 18 years of age and resides at being duly sworn, deposesand says: that deponent is not a party to the action, is over 18 years of age and resides at That on the day of 20 State of New York, County of Suffolk deponent served the within Note of ssue and Certificate of That on July 3, 2018 Readiness on deponent served the within Note of ssue and Certificate of Readiness on, Charmagne Padua, Esq., Rosenblum Newfield, LLC, Attorney For: attorney(s) for Visiting Nurse Service of New York, 50 Main Street, 10th Floor, White Plains, herein, at his office at NY 10606, Jill Greenfield, Esq., Rubin Sheeley Paterniti Gonzalez, LLP, Attorney For: Franklin Hospital and Long sland Jewish Homecare, 1225 Franklin Avenue, during his absencefrom said office Suite 200, Garden City, NY 11530, and Louis Adolfsen, Esq., Melito & Adolfsen (a) by then and there leaving a true copy of same with P.C., Attorney For: Rockville Skilled Nursing & Rehabilitation Center, LLC, 233 his clerk; partner, person having charge of said office. Broadway, Suite 1010, New York, New York (b) and said office being closed, by depositing a true copy of same, enclosed in a sealed wrapper directed to said attorney(s), in the office letter drop or box. the address designated by said attorney (s) for that purpose by depositing a true Sworn to before me on 20 copy of said enclosed in a postpaid properly addressed wrapper, in - a post office - official depository under the exclusive care and custody of the United StatesPostal Service within New York State. Swoni to before me on of 7

3 M /15 CERTFCATON ORDER ocu moo1 SUPREME COURT-STATE OF NEW YORK PRESENT: - -- â â â â â â â â â â â â â â ---- â â â â â â â â â â â â â â â â â â â â â â â â TRAL/AS, TRAL/AS PART.. NASSAU COUNTY!t -against- NDEX No. C A W,. CALENDAR No.!!!1 Defendant This matter is hereby certified for trial and plaintiff(s) is directed to file a note ofissue within 90 days. f plaintiff does not file a note of issue within 90 days this action may be dismissed. (CPLR 3216). A copy of this Order must accompany the note of issue. Upon filing of a note of issue, the matter will be referred for mediation and/or a pretrial conference. Counsel with mowledge of the file, and with settlement authority shall appear for such proceedings; Counsel shall arrange to have litigants and insurance representatives available for telephone conference at the time of such proceedings. Motions for summary judgment must be filed within{60)t90) days of the filing of the note. of issue; all in limine motions shall be made returnable not more than 30 days after the mediation conference. f counsel have been directed to file a note of issue over objection, items 1 through 9 of the Certificate of Readiness may be amended to so indicate. 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. 1 l f Dated: ACKNOWLEDGMENT OF RECEPT: S. J.S.C.,. Defendan :Defendant 3 of 7

4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU NDVDUAL ASSGNMENT PART X STPULATON ndex No. Mot. Cal. No.. x Date T S HEREBY STPULATED AND AGREED by and between the below-named follows.' attorney(s) as follows:! l...,,,...,,, ,,,...,,,,...,_,....-,,,,..... Date:.. Attorney for Petitioner So Ordered Attorney for Defendant ENTER:. J.S.C. Áttorney fof Defendant, M-3404 Sup Ct, /00 4 of 7

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X â â â â â â URSULA COVAY, as Executor of the Estate of ndex No.: /2014 DONALD COVAY,. AFFDAVT -against- OF SERVCE FRANKLN HOSPTAL, NORTH SHORE - LONG SLAND JEWSH FRANKN HOSPTAL, NORTH SHORE-LONG SLAND JEWSH HEALTH SYSTEMS, NC., ROCKVLLE SKLLED NURSNG & REHABLTATON CENTER, LLC, VSTNG NURSE SERVCE OF NEW YORK and VSTNG NURSE SERVCE OF NEW YORK HOME CARE, Defendant(s) X â â â â â â â â â â â â â â â â â â STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.:, Flore Felix, being duly sworn under the penalties of perjury, depose and says: am not a party to the action, am over 18 years of age and am employed at the offices of Law Offices of Dennis J. Kelly, P.C Montauk Highway, West slip, New York On July 3, 2018, served a true copy of the annexed NOTE OF SSUE AND CERTFCATE OF READNESS FOR TRAL by electronically filling and by mailing the same in a sealed envelope, with postage paid thereon, in a post-office or official depository of the United States Postal Service within the State of New York, addressed to the last known address of the addressee(s) as indicated below: TO: Charmagne Padua, Esq. Rosenblum Newfield, LLC Attorney For: Visiting Nurse Service of New York 50 Main Street, 10th Floor White Plains, NY Phone: (914) Jill Greenfield, Esq. Rubin Sheeley Paterniti Gonzalez, LLP Attorney For: Franklin Hospital and Long sland Jewish Homecare 1225 Franklin Avenue, Suite of 7

6 Garden City, NY Phone: (516) Louis Adolfsen, Esq. Melito & Adolfsen P.C. Attorney For: Rockville Skilled Nursing & Rehabilitation Center, LLC 233 Broadway, Suite 1010 New York, New York Phone: (212) ~4~ a Flore Felix Sworn to before me on the 3' day of JUly, 2018 v /) NOTARY PUBLC! AMANDANCOLEVASQUEZ AMWVA Notary Public - State of New York No. 01VA Qualif ed in ' Suffolk County Comm. o Expires Dec of 7

7 ndex No.: /2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X URSULA COVAY, as Executor of the Estate of DONALD COVAY, -against-, FRANKLN HOSPTAL, NORTH SHORE - LONG SLAND JEWSH FRANKN HOSPTAL, NORTH SHORE-LONG SLAND JEWSH HEALTH SYSTEMS, NC., ROCKVLLE SKLLED NURSNG & REHABLTATON CENTER, LLC, VSTNG NURSE SERVCE OF NEW YORK and VSTNG NURSE SERVCE OF NEW YORK HOME CARE, Defendant(s) X NOTE OF SSUE AND CERTFCATE OF READNESS FOR TRAL LAW OFFCES OF DENNS J. KELLY, P.C Montauk Highway West slip, New York Telephone: (516) Facsimile: (516) Pursuant to 22 NYCRR , the undersigned, and attorney admitted to practice in the cou s'of f- Ñew York State, certifies that, upon information and belief and reasonable inquiry, the entio s c ined in the'á'nnexed documents are not frivolous. Dated: July 3, 2018 Signature: Print Name: R ert Ke gan, Esq. Service of a copy of the within NOTE OF SSUE AND CERTlFCATE OF READNESS FOR TRAL is hereby admitted Dated: July 3, 2018 Attorney(s) for PLEASE TAKE NOTCE [ ] that the within is a (certified) true copy of a entered in the Office of the clerk of the within names court on [ ) that the of which the within is a true copy will be presented for Settlement to the Hon., one of the judges of the within names court, on Dated: 7 of 7