FILED: NEW YORK COUNTY CLERK 10/21/2013 INDEX NO /2013 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 10/21/2013

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1 FILED: NEW YORK COUNTY CLERK 10/21/2013 INDEX NO /2013 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 10/21/2013 PRESENT: THE HONOURABLE JOAN A. MADDEN (IAS PART 11) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x SETH MITCHELL, CFA, PLAINTIFF, -against- NEW YORK UNIVERSITY ( NYU ), NYU SCHOOL OF CONTINUING & PROFESSIONAL STUDIES ( SCPS ), MR. JOHN SEXTON, Index No /2013 MR. MARTIN LIPTON, ESQ., MS. BONNIE BRIER, ESQ., MR. DENNIS DI LORENZO, MR. THOMAS GRACE, MR. MARC WAIS, MR. JULES MARTIN, MR. LUIS CORDOVA, MR. ERIC CHANDLER, MS. MARCY FERDSCHNEIDER, MS. JESSICA GARET, MR. ROBERT CALAMAI, MS. SUSAN ALEVAS, ESQ., MS. TRISH ARBIB, -and JOHN & JANE DOES , DEFENDANTS x PLAINTIFF S APPLICATION FOR: TECHNICAL RESTRAINING ORDER & PERMANENT INJUNCTIONS (DI LORENZO PROMOTION AND REMOVAL OF PERSONA NON-GRATA STATUS) & ORDER FOR DISCOVERY PURSUANT TO CPLR 3102 AND SUBPOENA (on submission without oral argument) Seth Mitchell, CFA, Plaintiff acting pro se, makes TWO Applications for Technical Restraining Order & Permanent Injunctions against the Defendants and requests an Order

2 pursuant to CPLR 3102 compelling defendants to provide requisite discovery with associated subpoena, as per the support attached herewith: 1. Plaintiff requires a Technical Restraining Order, Permanent Injunction, and ex-parte equitable relief with immediate effect to prevent the elevation of defendant Di Lorenzo by defendants NYU and Sexton to the role of Dean of the School of Continuing Professional Studies (SCPS) at NYU (Exhibit #1), given that such a promotion would harm Plaintiff immeasurably as Di Lorenzo is one of the main perpetrators of civil and criminal wrongs against Plaintiff as per his Verified Complaint. Such a promotion would be tacit approval of Di Lorenzo s actions, inactions, and communications which continue to injure Plaintiff to this day, and would also put at risk other members of the NYU community as well as be detrimental to the common good, given this outrageous administrative endorsement of the defendants wrongdoing: ill-equipped wrongdoers should be punished never promoted! The School of Continuing Professional Studies at NYU is too important of an Affiliate to be left to the managerial malevolence of defendant Di Lorenzo, so for the good of Plaintiff, NYU, and the public, Plaintiff respectfully requests the granting of the TRO, Permanent Injunction, and ex-parte equitable relief associated with preventing this contemptible act from succeeding. 2. Plaintiff requires a Technical Restraining Order, Permanent Injunction, and ex-parte equitable relief with immediate effect requiring defaulted defendants NYU and NYU- SCPS to (1) lift the persona non-grata restriction in place against Plaintiff and (2) provide an official Letter of Good Standing and formal apology to Plaintiff. As clear from his Verified Complaint and subsequent submissions to Court, Plaintiff suffered,!2

3 continues to suffer, and will suffer in the future in his personal, educational, and professional pursuits while the despicable persona non-grata status is maintained and his permanent record (including official NYU transcript) evidences the blatant wrongdoing which halted Plaintiff s educational pursuits in October While Plaintiff s good and true claims must be clear on their face (particularly that of defamation per se -- as per the Laws of the State of New York penalties for such a cause of action are automatic) Plaintiff requires any and all written documentation and communications (including but not limited to s and facsimiles -- and all other written records) from the defendants that mention Plaintiff s name in any way, to substantiate what Plaintiff and the Court must already have concluded are corroboration of claims including defamation per se, which continue to harm Plaintiff to this very day. Plaintiff hereby requests an Order pursuant to CPLR 3102 compelling defendants to provide such evidence in electronic format to be transferred via to Plaintiff poste-haste (however no later than 30 September 2013) and the execution of the associated subpoena. This information is vital for the Plaintiff to have prior to the scheduled first Appearance date of 31 October Dated: 15 th day of September 2013 Respectfully submitted, Seth Mitchell (Plaintiff) Partner & Managing Member Ashem LLC Direct: Facsimile: smlegal@me.com!3

4 NYU President John Sexton and Provost David McLaughlin 12 September :07 The Appointment of Dennis Di Lorenzo as Dean of the School of Continuing and Professional Studies TO: FROM: RE: THE SCPS COMMUNITY NYU President John Sexton and Provost David McLaughlin The Appointment of Dennis Di Lorenzo as Dean Sometimes the right candidate for an important position comes from outside; sometimes the perfect candidate is already within our ranks. And so it is that we are proud and pleased to announce the appointment of Dennis Di Lorenzo -- who first joined the School of Continuing and Professional Studies community in 1993 and has served since 2001 in a variety of leadership roles at the school -- as Dean of the School of Continuing and Professional Studies. Since 2011, Dennis has served as Vice Dean and Interim Dean, and in these roles, he distinguished himself as a terrific leader of the school he increased graduate enrollment, oversaw the creation of new mechanisms for curriculum creation, launched a new career development office for SCPS students, established an Office of Distance Learning, and initiated a process to introduce a faculty governance structure for the school, among many achievements. These achievements as Interim Dean are but a continuation of Dennis many contributions to the School. Since joining the SCPS leadership team, first as senior director, then as assistant dean, associate dean, and, most recently vice dean and interim dean, he has been a driving force in improving the school, and has had a hand in its most important developments. Throughout his 20 years at SCPS which started shortly after he graduated from Fordham University and was interrupted only by a two-year stint at the NYU Libraries he has shown that he cares deeply about the student experience, is committed to high educational standards, and has an instinct for continually innovating in ways that make SCPS a better school. His steady focus on these matters has earned him respect from stakeholders across the SCPS community. He has also been an exemplary University citizen, serving on important University committees and task forces. We would like to thank the Dean Search Committee and, in particular, its chair, Rosemary Scanlon, Clinical Associate Professor and Divisional Dean of the Schack Institute of Real Estate for their excellent work in producing a strong slate of candidates. We are grateful for the time and energy they put into this effort, which has yielded such an excellent new Dean. Dennis will be an outstanding Dean of SCPS. We very much look forward to working with him, and ask you to join us in congratulating Dennis on his appointment.

5 PRESENT: THE HONOURABLE JOAN A. MADDEN (IAS PART 11) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x SETH MITCHELL, CFA, PLAINTIFF, -against- NEW YORK UNIVERSITY ( NYU ), NYU SCHOOL OF CONTINUING & PROFESSIONAL STUDIES ( SCPS ), MR. JOHN SEXTON, Index No /2013 MR. MARTIN LIPTON, ESQ., MS. BONNIE BRIER, ESQ., DISCOVERY ORDER #1 MR. DENNIS DI LORENZO, MR. THOMAS GRACE, MR. MARC WAIS, MR. JULES MARTIN, MR. LUIS CORDOVA, MR. ERIC CHANDLER, MS. MARCY FERDSCHNEIDER, MS. JESSICA GARET, MR. ROBERT CALAMAI, MS. SUSAN ALEVAS, ESQ., MS. TRISH ARBIB, -and JOHN & JANE DOES , DEFENDANTS x The Court hereby Orders that the Defendants provide any and all paper and electronic communication in their possession (whether electronic or otherwise, that bear Plaintiff s name) to Plaintiff via electronic mail to: smlegal@me.com by a date no later than 30 September DATED: New York, NY ENTER:, 2013 The Honourable Joan A. Madden, J.S.C

6 PRESENT: THE HONOURABLE JOAN A. MADDEN (IAS PART 11) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x SETH MITCHELL, CFA, PLAINTIFF-PETITIONER -against- NEW YORK UNIVERSITY ( NYU ), NYU SCHOOL OF CONTINUING & PROFESSIONAL STUDIES ( SCPS ), MR. JOHN SEXTON, Index No /2013 MR. MARTIN LIPTON, ESQ., MS. BONNIE BRIER, ESQ., JUDICIAL SUBPOENA MR. THOMAS GRACE, DUCES TECUM MR. MARC WAIS, MR. JULES MARTIN, MR. LUIS CORDOVA, MR. ERIC CHANDLER, MS. MARCY FERDSCHNEIDER, MS. JESSICA GARET, MR. ROBERT CALAMAI, MS. SUSAN ALEVAS, ESQ., MS. TRISH ARBIB, -and JOHN & JANE DOES , DEFENDANTS-RESPONDENTS x THE PEOPLE OF THE STATE OF NEW YORK TO: Mr. Terrance Nolan, Esq. NYU Office of the General Counsel 70 Washington Square South New York, NY WE COMMAND YOU, that all business and excuses being laid aside, hereby and without delay transfer via electronic mail to: smlegal@me.com the entire set of written hard copy and electronic communication held by defendants which reference the name or NYU ID# of the Plaintiff, by a date no later than 30 September 2013.

7 Failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty and all damages sustained by reason of your failure to comply. WITNESS, The Honourable Joan A. Madden one of the Justices of the Supreme Court, New York County, at the day of, Seth Mitchell (Plaintiff) Partner & Managing Member Ashem LLC Direct: Facsimile: smlegal@me.com Enter: Joan A. Madden, J.S.C.

8 PRESENT: THE HONOURABLE JOAN A. MADDEN (IAS PART 11) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x SETH MITCHELL, CFA, PLAINTIFF, -against- NEW YORK UNIVERSITY ( NYU ), NYU SCHOOL OF CONTINUING & PROFESSIONAL STUDIES ( SCPS ), MR. JOHN SEXTON, Index No /2013 MR. MARTIN LIPTON, ESQ., MS. BONNIE BRIER, ESQ., ORDER MR. DENNIS DI LORENZO, MR. THOMAS GRACE, MR. MARC WAIS, MR. JULES MARTIN, MR. LUIS CORDOVA, MR. ERIC CHANDLER, MS. MARCY FERDSCHNEIDER, MS. JESSICA GARET, MR. ROBERT CALAMAI, MS. SUSAN ALEVAS, ESQ., MS. TRISH ARBIB, -and JOHN & JANE DOES , DEFENDANTS x The Court hereby Orders that defendant NYU provide Plaintiff a official Letter of Good Standing and formal apology by electronic mail to: smlegal@me.com by a date no later than 30 September DATED: New York, NY ENTER:, 2013 The Honourable Joan A. Madden, J.S.C