TROWBRIDGE v. INSTITUTE FOR BASIC

TROWBRIDGE v. INSTITUTE FOR BASIC RESEARCH IN DEVELOPMENTAL DISABILITIES

U. S. Court of Appeals for the Second Circuit

COMPLAINT filed and summons(es) issued for Institute for Basic, NYS Dept of Mental H, NYS Dept of Civil Se, Henryk M. Wisniewski, Melvin Hicks, Peter Vietze, Public Employees Fed, Michael Fenko FILING FEE $ 150.00 RECEIPT # 206845 (Chow, Alice) (Entered: 05/13/1998)

AMENDED COMPLAINT CLASS ACTION by plaintiffs, (Answer due 6/6/98 for Michael Fenko, Public Employees Federation, AFL-CIO, Peter Vietze, Melvin Hicks, Henryk M. Wisniewski, NYS Dept of Civil Service, NYS Dept of Mental Health Hygiene and Institute for Basic Research in Developmental Disabilities) amending [1-1] complaint against Thomas A. Maul, Office of Mental Retardation and Developmental Disabilities, Jean S. Miller and George C. Sinnott. Galeano, Sonia (Entered: 05/28/1998)

RETURN OF SERVICE executed as to Melvin Hicks 6/11/98 Answer due on 7/1/98 for Melvin Hicks (Piper, Francine) (Entered: 07/01/1998)

RETURN OF SERVICE executed as to Institute for Basic 6/11/98 Answer due on 7/1/98 for Institute for Basic (Piper, Francine) (Entered: 07/01/1998)

RETURN OF SERVICE executed as to Michael Fenko 6/24/98 Answer due on 7/14/98 for Michael Fenko (Piper, Francine) (Entered: 07/01/1998)

ANSWER by Institute for Basic, NYS Dept of Civil Se, Henryk M. Wisniewski, Melvin Hicks, Peter Vietze, Thomas A. Maul, Office of Mental Ret, George C. Sinnott to amended complaint (Piper, Francine) (Entered: 07/29/1998)

LETTER dated 7/28/98 from Judith M. Young to Judge Johnson, Enclosing a courtesy copy of dft's answer to the amended complaint. (Piper, Francine) (Entered: 07/30/1998)

LETTER dated 7/27/98 from Harold Eisenstein to Jeremiah B. McKenna, Enclosing for service two copies of dfts Public Employees Federation, AFL-CIO and Michael D. Fenko's Motion to Dismiss Pltff's Amended Complaint. (Piper, Francine) (Entered: 08/05/1998)

RETURN OF SERVICE executed as to Henryk M. Wisniewski 7/22/98. Answer due 8/11/98. (Piper, Francine) (Entered: 08/18/1998)

LETTER dated 10/2/98 from Harold Eisenstein to Jeremiah B. McKenna, Enclosing a copy of dfts Public Employees Federation, AFL-CIO and Michael D. Fenko's reply memorandum of law in support of motion to dismiss pltff's amended complaint. (Piper, Francine) (Entered: 10/07/1998)

MOTION by Public Employees Fed, Michael Fenko to dismiss the amended complaint . Motion hearing [11-1] motion . (Piper, Francine) (Entered: 10/20/1998)

MEMORANDUM OF LAW by Public Employees Fed, Michael Fenko in support of [11-1] motion to dismiss the amended complaint (Piper, Francine) (Entered: 10/20/1998)

AFFIDAVIT of Harold Eisenstein Re: In support of [11-1] motion to dismiss the amended complaint (Piper, Francine) (Entered: 10/20/1998)

MEMORANDUM OF LAW by Richard S. Trowbridge, Lucille Donadio, Richard Coriasco, Betty Jo Merritt, Patricia Brophy, Alex Zemcov, Michael Zembrower in answer to [11-1] motion dismiss the amended complaint (Piper, Francine) (Entered: 10/20/1998)

REPLY MEMORANDUM OF LAW by Public Employees Fed, Michael Fenko in support of [11-1] motion to dismiss the amended complaint (Piper, Francine) (Entered: 10/20/1998)

CERTIFICATE OF SERVICE by Maria A. Betor on 10/2/98 a copy of an affidavit by Harold Eisenstein, Reply Memorandum of Law in Support upon Mona Jha, Esq by regular mail. (Piper, Francine) (Entered: 10/20/1998)

CERTIFICATE OF SERVICE by Maria A. Betor on 10/2/98 by regular mail of an affidavit by Harold Eisenstein and dft's Reply Memorandum of Law in Support of Motion to Dismiss upon Jeremiah B. McKenna, Esq. (Piper, Francine) (Entered: 10/20/1998)

CERTIFICATE OF SERVICE by Maria A. Betor on 7/27/98 of the Motion to Dismiss pltff's complaint, Supporting Memorandum upon Jeremiah B. McKenna by First Class Mail. (Piper, Francine) (Entered: 10/20/1998)

CERTIFICATE OF SERVICE by Maria A. Betor on 7/27/98 of the Motion to Dismiss plff's amended complaint and supporting memorandum of law upon Mona Jha Esq. by First Class Mail. (Piper, Francine) (Entered: 10/20/1998)

STIPULATION and ORDER, the action is voluntarily dismissed without prejudice, as to the Fifth and Sixth Cause of Action against the dft Public Employees Federation, AFL-CIO and dft Michael Fenko without costs or attorney's fees to any party (signed by Judge Sterling Johnson Jr. 10/15/98) (Piper, Francine) (Entered: 10/20/1998)

ORDER dated 11/25/98 an initial conference has been scheduled for 12/17/98 at 2:30 p.m. set status conference for 2:30 12/17/98 before Magistrate Cheryl L. Pollak ( signed by Magistrate Cheryl L. Pollak ) (c/m). (Gonzalez, Mary) (Entered: 11/27/1998)

LETTER dated 12/3/98 from Harold Eisenstein to Mag. Pollak, Requesting that the 12/17/98 conference be postponed pending the outcome of dfts PEF and Fenko's motion to dismiss before Judge Johnson. (Piper, Francine) (Entered: 12/07/1998)

LETTER dated 12/3/98 from Jeremiah B. McKenna to Mag. Pollak, Requesting an adjournment of the conference set for 12/17/98. (Piper, Francine) (Entered: 12/08/1998)

Endorsed order, Conference adjourned pending decision on motion to dismiss. ( Signed by Magistrate Cheryl L. Pollak 12/4/98 ) (endorsed on letter, document #23) (Piper, Francine)

LETTER dated 4/29/1999 from HAROLD EISENSTEIN to SJ enclosing for Judge Johnson's consideration a recent Second Circuit decision, Vital v. Interfaith Medical Center. (Enclosure is attached to the letter.) [Letter and attachment were forwarded to SJ.] (Mackey, Donna) (Entered: 05/03/1999)

MEMORANDUM and ORDER, the complaint is dismissed but pltffs may file an amended complaint within 60 days with respect to the claims brought pursuant to Title VII and the ADEA against PEF and Fenko . ( signed by Judge Sterling Johnson Jr., on 6/21/99) c/m (Piper, Francine) Modified on 06/24/1999 (Entered: 06/24/1999)

LETTER dated 7/29/99 from June Steinberg to Mag. Pollak, advising that this case has been reassigned to Steinberg. (Piper, Francine) (Entered: 08/04/1999)

LETTER dated 7/29/99 from June Steinberg to Judge Johnson, advising that court that this case has been reassigned to June Steinberg. (Piper, Francine) (Entered: 08/06/1999)

SECOND AMENDED COMPLAINT by Michael Zebrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Richard S. Trowbridge, (Answer due 9/3/99 for NYS Dept of Mental H, for NYS Dept of Civil Se, for Henryk M. Wisniewski, for Melvin Hicks, for Peter Vietze, for Public Employees Fed, for Michael Fenko, for Thomas A. Maul, for Office of Mental Ret, for Jean S. Miller, for George C. Sinnott ) amending [2-1] amended complaint against Institute for Basi (Piper, Francine) Modified on 08/25/1999 (Entered: 08/25/1999)

ANSWER by Institute for Basi, Thomas A. Maul, Office of Mental Ret, George C. Sinnott, NYS Dept of Civil Se, Peter Vietze to second amended complaint (Piper, Francine) (Entered: 09/28/1999)

LETTER dated 10/13/99 from Jeremiah B. McKenna to Jeffrey G. Plant, Esq., confirming that it was agreed to extend the time to answer the motion of dfts, PEF and Fenko to dismiss pltff's second amended complaint up to and including 10/27/99. (Piper, Francine) (Entered: 10/25/1999)

SCHEDULING ORDER; Setting Pretrial conference for 9:30 2/16/00 ; ( signed by Judge Sterling Johnson Jr., on 11/16/99) (Piper, Francine) (Entered: 11/22/1999)

MOTION by Michael Fenko, Public Employees Fed to dismiss pltff's second amended complaint, Motion hearing [32-1] motion (Piper, Francine) (Entered: 02/08/2000)

MEMORANDUM OF LAW by Michael Fenko, Public Employees Fed in support of [32-1] motion to dismiss pltff's second amended complaint. (Piper, Francine) (Entered: 02/08/2000)

MEMORANDUM OF LAW by Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Richard S. Trowbridge in answer to [32-1] motion to dismiss pltff's second amended complaint (Piper, Francine) (Entered: 02/08/2000)

REPLY MEMORANDUM OF LAW by Michael Fenko, Public Employees Fed in support of [2-1] motion to dismiss pltff's second amended complaint (Piper, Francine) (Entered: 02/08/2000)

ANSWERING AFFIDAVIT by Richard S. Trowbridge to [32-1] motion to dismiss pltff's second amended complaint (Piper, Francine) (Entered: 02/08/2000)

Exhibit J, Exhibit k, Exhibit L (Piper, Francine) (Entered: 02/08/2000)

CERTIFICATE OF SERVICE by Steven M. Klein, Re: Reply Memorandum of Law in Support of Motion to Dismiss Pltff's Second Amended Complaint upon Arlene R. Smoler, Esq on 1/31/00 by regular mail. (Piper, Francine) (Entered: 02/08/2000)

CERTIFICATE OF SERVICE by Steven M. Klein, Re: Reply Memorandum of Law in Support of The motion to dismiss second amended complaint upon Jeremiah B. McKenna by regular mail on 1/31/00. (Piper, Francine) (Entered: 02/08/2000)

AFFIDAVIT OF SERVICE BY MAIL by Christine M. Yusko Re: [32-1] motion to dismiss pltff's second amended complaint, [33-1] support memorandum upon Jeremiah B. Mckenna on 9/23/99. (Piper, Francine) Modified on 02/08/2000 (Entered: 02/08/2000)

AFFIDAVIT OF SERVICE by Mail by Christine M. Yusko Re: [32-1] motion to dismiss pltff's second amended complaint, [33-1] support memorandum upon Hon. Eliot Spizer on 9/24/99. (Piper, Francine) (Entered: 02/08/2000)

LETTER dated 1/31/00 from Harold Eisenstein to Judge Johnson, requesting that the court waive the rule and allow an additional three pages in dfts Public Employees Federation and Michael Fenko Reply Memorandum of Law. (Piper, Francine) (Entered: 02/23/2000)

LETTER dated 2/14/00 from Jeremiah B. McKenna to Judge Johnson, advising that the conference set for 2/16/00 has been adjourned to 3/8/00 at 9:30. (Piper, Francine) (Entered: 02/23/2000)

Endorsed order, Dft's Public Employees Federation and Michael Fenko are granted permission to file an additional three pages in their reply memorandum of law. ( Signed by Judge Sterling Johnson Jr., on 2/3/00) (endorsed on letter, document #42) (Piper, Francine)

Calendar entry:, Before Judge Johnson on 3/8/00 for a Pretrial Conference. Dft to file motion to dismiss by 4/14/00. Response 5/15/00. Set Pretrial Conference for 9:30 6/15/00 before Judge Sterling Johnson Jr. . (Piper, Francine) (Entered: 03/10/2000)

LETTER dated 3/10/00 from Harold Eisenstein to Jeremiah B. McKenna, Esq., confirming that pltffs have withdrawn their discrimination claim under the Age Discrimination and Employment Act of 1967 against all dfts, including dfts Public Employees Federation and Michael Fenko. (Piper, Francine) (Entered: 03/21/2000)

MOTION by Institute for Basi, Thomas A. Maul, Office of Mental Ret, George C. Sinnott, NYS Dept of Civil Se, Melvin Hicks, Peter Vietze to dismiss complaint . Motion hearing [49-1] motion set for 6/15/00 at 9:30 . Motion file stamped: 7/20/00 and mailed/served: 4/14/00 (Piper, Francine) (Entered: 07/28/2000)

MEMORANDUM OF LAW by Institute for Basi, Thomas A. Maul, Office of Mental Ret, George C. Sinnott, NYS Dept of Civil Se, Melvin Hicks, Peter Vietze in support of [49-1] motion to dismiss complaint (Piper, Francine) (Entered: 07/28/2000)

MEMORANDUM OF LAW by Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille C. Donadio, Richard S. Trowbridge in opposition to [49-1] motion to dismiss complaint (Piper, Francine) (Entered: 07/28/2000)

REPLY MEMORANDUM OF LAW by Institute for Basi, Thomas A. Maul, Office of Mental Ret, George C. Sinnott, NYS Dept of Civil Se, Melvin Hicks, Peter Vietze in support [49-1] motion to dismiss complaint. (Piper, Francine) (Entered: 07/28/2000)

ANSWERING AFFIDAVIT of Jeremiah B. McKenna in support of pltff's answer to the motion to dismiss the second amended complaint (Piper, Francine) (Entered: 07/28/2000)

ENDORSED ORDER granting an extension of time for plaintiff to answer the public defendant's motion to dismiss. Plaintiff's answer due 5/30/00. Submission of Attorney General's reply due 6/19/00. Motion conference adjourned to 6/29/00 before Judge Sterling Johnson Jr. ; Assistant Attorney General Stern will be engaged 6/15/00 ( signed by Judge Sterling Johnson, on 5/25/00). See letter dated 5/23/00 from Jeremiah McKenna, Esq., to August Marziliano, Law Clerk to Judge Johnson. (Rodriguez,Angela) (Entered: 05/31/2000)

Calendar entry: Before Judge Johnson on 6/29/00 for a Status Conference. Only counsel for dft appears. Counsel for pltff does not appear. Case to be re-called in the afternoon. Further Status Conference 9/15/00 at 9:30. (Piper, Francine) (Entered: 07/05/2000)

LETTER dated 7/7/00 from Jermiah B. McKenna to Leonard A. Cohen, confirming that pltffs time to file their answer to dft's motion to dismiss is extended to 7/10/00 and dft's reply is extended to 7/17/00. (Piper, Francine) (Entered: 07/13/2000)

LETTER dated 5/30/00 from Jeremiah B. McKenna to Judge Johnson, pltff's request that before they are required to submit an answer to the public dfts motion to dismiss their complaint, that the court direct that a conference be held to discuss the attorney general's representation of and reliance on the testimony and statements of Melvin Hicks. (Piper, Francine) (Entered: 07/28/2000)

LETTER dated 7/12/00 from Leonard Cohen to Judge Johnson, requesting permission to file the state dft's moving papers without any opposition. (Piper, Francine) (Entered: 08/03/2000)

LETTER dated 4/14/00 from Leonard Cohen to Jeremiah Mckenna, enclosing copies of the moving dft's motion to dismiss and memorandum of law in support. (Piper, Francine) (Entered: 08/03/2000)

LETTER dated 6/2/00 from Leonard Cohen to Judge Johnson, state dft's opposition to pltffs request to delay determination of the pending motion to dismiss. (Piper, Francine) (Entered: 08/03/2000)

LETTER dated 7/24/00 from Harold Eisenstein to Judge Johnson, requesting that the court not consider pltff's claims of breach of duty of fair represenation and ADEA violations against dfts PEF and Fenko and requesting that the court grant the motion for an order dismissing pltff's second amended complaint. (Piper, Francine) (Entered: 08/03/2000)

TRANSCRIPT of Proceedings before Judge Johnson filed for dates of 3/8/00. Jeremiah McKenna for Pltff; Lynette Philips for Dft; Court Reporter, Holly Driscoll. (Piper, Francine) (Entered: 08/04/2000)

Calendar entry: Before Judge Johnson on 9/15/00 or a Pretrial Conference. Motion to be decided by next appearance. Pretrial Conference 10/20/00 at 9:30. (Piper, Francine) (Entered: 09/19/2000)

Deadline updated; set pretrial conference for 9:30 10/20/00 before Judge Sterling Johnson Jr. (Piper, Francine)

Calendar entry: Before Judge Johnson on 10/20/00 for a Telephone Conference. Dft's motion to dismiss (second amended complaint) granted. Dismissed as to union dfts. Pretrial Conference 1/24/01 at 9:30. (Piper, Francine) (Entered: 10/26/2000)

TRANSCRIPT filed of telephone conference and decision before Judge Johnson for dates of 10/20/00 at 9:30a.m. CR Sheldon Silverman. (Dobkin, David) (Entered: 10/23/2000)

LETTER dated 10/20/00 from Leonard A. Cohen to Judge Johnson, enclosing additional courtesy copies of all papers relating to the motion of the State Dfts to dismiss the second amended complaint in its entirety. (Piper, Francine) (Entered: 10/25/2000)

ORDER, granting dft's Public Employees Federation, AFL-CIO, and Michael Fenko's [32-1] motion to dismiss pltff's second amended complaint. ( signed by Judge Sterling Johnson Jr., on 10/24/00) c/m (Piper, Francine) (Entered: 10/27/2000)

Calendar entry: Before Judge Johnson on 1/24/01 for a Conference. Decision read on the record. Pltff's Title VII claim is dismissed. Dft's motion to dismiss is granted. (Piper, Francine) (Entered: 02/09/2001)

ORDER, granting [49-1] motion to dismiss complaint. ( signed by Judge Sterling Johnson Jr., on 1/25/01) c/m (sent to pro se for judgment) (Piper, Francine) (Entered: 01/31/2001)

TRANSCRIPT of Status Conference/Decision before Judge Johnson dated 1/24/01. Jeremiah McKenna for the plaintiff; No appearance for dft. Court Reporter, Sheldon Silverman. (Piper, Francine) (Entered: 02/22/2001)

MAIL RETURNED #65 returned on 2/7/01. Mailed to Leonard Cohen, Envelope Stamped, Return to Sender, Addressee Unknown. (Piper, Francine) (Entered: 03/14/2001)

LETTER dated 2/28/01 from Leonard A. Cohen to Judge Johnson, state dfts request that the dismissal order be amended to include the dismissal of all claims against the NYS Dept of Mental Hygiene, Jean S. Miller and Henry M. Wisniewski. (Piper, Francine) (Entered: 04/09/2001)

ORDER, the Second Amended Complaint is dismissed as to the remaining dfts. ( signed by Judge Sterling Johnson Jr., on 4/4/01) (sent to pro se for judgment) (Piper, Francine) (Entered: 04/09/2001)

NOTICE OF APPEAL by attorney for Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Richard S. Trowbridge Fee Paid $ 105.00 Receipt # 245129 [71-1] judgment order, [70-1] order, [65-1] order. Affidavit of service dtd 4/13/01 attached. (McGee, Maryann) Modified on 04/18/2001 (Entered: 04/13/2001)

JUDGMENT, that plaintiffs take nothing of the dfts, and the remaining dfts, NYS Dept of Mental Hygiene, Jean S. Miller, and Henry Wisniewski's request to dismiss the second amended complaint is granted. (Signed by Robert C. Heinemann on 4/9/01) c/m (Mag. Pollak Notified), (Piper, Francine) (Entered: 04/11/2001)

Case closed (Piper, Francine)

Certified copy of docket sheet sent to USCA. [72-1] appeal (McGee, Maryann)

USCA Scheduling Order: [72-1] appeal Appeal record due by 6/28/01 . USCA Number: 01-7429 Appellant's brief due 7/5/01. Appellee's brief due 8/6/01. Argument set for 9/17/01. (Gonzalez, Mary) (Entered: 06/06/2001)

MANDATE OF USCA (certified copy) Re: [72-1] appeal dismissed. Certified by USCA on 6/6/01. USCA's No. is 01-7449. Copy sent to Judge Johnson & to USCA. (Vaughn, Terry) (Entered: 06/12/2001)

USCA Scheduling Order:Index to record due 6/28/01 Appellant's brief due 7/5/01. Appellee's brief due 8/6/01. Argument set for 9/17/01. USCA# 01-7429.a (Vasquez, Liz) (Entered: 06/27/2001)

Certified and transmitted INDEX on appeal to U.S. Court of Appeals. USCA#01-7429. Acknowledgment requested. (McGee, Maryann)

Acknowledgment from USCA received. Acknowledgment signed on 7/2/01. USCA# 01-7429. (Vasquez, Liz) (Entered: 07/13/2001)

Record on Appeal that was prepared and kept in the CV/CR cabinet is being returned to the file section. (Drayton, Lorraine)

MANDATE OF USCA (certified copy) Re: dismissed, scheduling default. C/A#01-7429. Judge notified. Ackn. mailed. (Glenn, Marilyn) Modified on 08/08/2001 (Entered: 08/08/2001)

LETTER dated 4/11/02 from Jeremiah B. McKenna,Esq. to The Attorney General of the State of New York enclosing copies of Pltf's motion to vacate orders and judgement of 4/11/01 and copies of Pltf's Memorandum oflaw in support of their motion. (enclosures not attached) (Fernandez, Erica) (Entered: 04/17/2002)

ORDER, granting dfts.' request to extend time to respond to pltf.'s motion from 4/30/02 to 5/14/02 . (Signed by Judge Sterling Johnson Jr. on 4/29/02). Endorsed on letter dated 4/25/02 from Leonard A. Cohen to Judge Johnson. (Reddy, Lisa) (Entered: 05/01/2002)

LETTER dated 5/14/02 from Leonard A. Cohen, Esq. to Jeremiah B. McKenna, Esq. enclosing deft's memorandum of law in opposition to pltf's motion pursuant to Rule 60(b); and Affidavit of Leonard A. Cohen in opposition to pltf's motion. (enclosures not attached) (Fernandez, Erica) (Entered: 05/28/2002)

MOTION by pltfs Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Donadio, S. Trowbridge to vacate [71-1] judgment order entered in this action on 4/11/01 pursuant to FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts . (Exhibits A-J attached). Motion file stamped: 5/29/02. (Fernandez, Erica) (Entered: 06/10/2002)

MEMORANDUM by Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Donadio, Richard S. Trowbridge in support of [82-1] motion to vacate [71-1] judgment order entered in this action on 4/11/01 pursuant to FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts. (Fernandez, Erica) (Entered: 06/10/2002)

MEMORANDUM by George C. Sinnott, Office of Mental Ret, Thomas A. Maul, Peter Vietze, Melvin Hicks, NYS Dept of Civil Se, Institute for Basi in opposition to [82-1] motion to vacate [71-1] judgment order entered in this action on 4/11/01 pursuant to FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts (Fernandez, Erica) (Entered: 06/10/2002)

AFFIDAVIT by Leonard A. Cohen, Esq. on behalf of defts in opposition to Pltf's [82-1] motion to vacate [71-1] judgment order entered in this action on 4/11/01 pursuant FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts. (Fernandez, Erica) (Entered: 06/10/2002)

REPLY MEMORANDUM OF LAW by Pltfs Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Donadio, Richard S. Trowbridge, Institute for Basi in further support of [82-1] motion to vacate [71-1] judgment order entered in this action on 4/11/01 pursuant to FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts. (Fernandez, Erica) (Entered: 06/10/2002)

AFFIRMATION IN REPLY TO STATE DEFT'S ANSWER TO PLTF'S MOTION TO VACATE JUDGMENT by Pltfs Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Richard S. Trowbridge, Institute for Basi Re: [82-1] to vacate [71-1] judgment order entered in this action on 4/11/01 pursuant to FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts. (Fernandez, Erica) (Entered: 06/10/2002)

LETTER dated 5/27/02 from Jeremiah B. McKenna, Esq. to Clerk of the Court enclosing Notice of Motion and supporting papers. (enclosures not attached) (Fernandez, Erica) (Entered: 06/10/2002)

Text not available.

ORDER: request granted; for an extension of time until 5/27/02 to reply to the State deft's Oppostion . Signed by Judge Sterling Johnson Jr., undated. (See letter dated 5/16/02 from Jeremiah B. McKenna, Esq.) (Fernandez, Erica) (Entered: 05/31/2002)

MEMORANDUM and ORDER denying [82-1] motion to vacate [71-1] judgment order entered in this action on 4/11/01 pursuant FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts; The Clerk of the Court is directed to enter judgment for the defts and to close the case. Signed by Judge Sterling Johnson Jr., on 3/3/03. c/m by chambers (3 certified copies fwd to Judge Johnson) (Fernandez, Erica) (Entered: 03/14/2003)

NOTICE OF APPEAL by attorney for Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Richard S. Trowbridge Fee Paid $ 105.00 Receipt # 275264 [89-1] order. Affidavit of service attched. Forms C and D mailed to Jeremiah B. McKenna, 19 Brentwood Avenue, Staten Island, NY. 10301. (McGee, Maryann) (Entered: 04/04/2003)

Acknowledgment from USCA received re: 90 Appeal. Acknowledgment signed EA on 6/20/03. (Drayton, Lorraine) (Entered: 06/26/2003)

Certified and Transmitted (INDEX) Record on Appeal to US Court of Appeals re 90 Notice of Appeal,, 72 Notice of Appeal, (Gonzalez, Mary)