Case: Texas v. Bruck

EF2025-2536 | New York state trial court

Filed Date: July 25, 2025

Case Ongoing

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Case Summary

This case arose from Texas's attempt to use New York's courts to enforce a judgment against a New York physician who prescribed abortion-inducing medication via telehealth to a Texas patient. On July 25, 2025, the Attorney General of Texas filed this Article 78 proceeding in the Supreme Court of the State of New York, County of Ulster. Texas sued the Acting County Clerk of Ulster County, seeking a writ of mandamus compelling him to file a Texas default judgment against a New York doctor, who had been sued by the state of Texas. Texas alleged that Bruck had unlawfully refused to accept the filing in violation of New York Civil Practice Law and Rules (CPLR) § 2102(c), which generally prohibits court clerks from refusing to file papers presented to them, and sought a writ of mandamus compelling the Ulster County Clerk to accept the filing, as well as attorneys' fees under CPLR Article 86. The case was assigned to Justice David M. Gandin.

The underlying judgment was issued on February 13, 2025 by the District Court of Collin County in Texas v. Carpenter, holding the defendant doctor liable for violating the Texas Medical Practice Act (Tex. Occ. Code, Title 3, Subtitle B; 22 Tex. Admin. Code § 174.8) and Texas Health & Safety Code § 170A.002 for practicing medicine without a license in Texas and for prescribing abortion-inducing medication. The Texas court entered a default judgment against the doctor for $100,000 in damages. The judgment also enjoined the doctor from prescribing abortion-inducing drugs to Texas residents and from practicing medicine in Texas without a license. On March 17, 2025, Texas submitted a motion for summary judgment in lieu of complaint to the Ulster County Clerk's Office, seeking to domesticate and enforce the Texas judgment in New York.
The defendant rejected the filing on March 27, 2025, citing New York Executive Law § 837-x, which prohibits state and local government employees from using government resources in furtherance of any investigation or proceeding seeking to impose civil or criminal liability on a person for engaging in a "legally protected health activity" in New York State. Texas sent a renewed demand on July 11, 2025, which the defendant again rejected on July 14, 2025, prompting this proceeding.

On September 17, 2025, the New York State Attorney General filed a motion to intervene. On September 19, 2025, the defendant moved to dismiss pursuant to CPLR § 7804(f). On October 31, 2025, Justice Gandin granted the defendant's motion to dismiss and denied the Attorney General's motion to intervene. Justice Gandin held that the defendant had lawfully refused the filing under Executive Law § 837-x, which broadly prohibits local government employees from expending any government resources in furtherance of proceedings seeking to impose liability for "legally protected health activity" occurring in New York. The court found that the conduct of the doctor in Texas v. Carpenter fell squarely within the statute's definition of "legally protected health activity," and that the defendant therefore acted consistently with CPLR § 2102(c). The court rejected Texas's argument that § 837-x was inapplicable because it did not specifically mention county clerks, reasoning that the statute was broadly written to cover all local government employees and all uses of government resources. The court also rejected Texas's argument that the judgment did not implicate "legally protected health activity" because it did not expressly state that the doctor was in New York when she acted, noting that the supporting petition was a public record establishing she was a licensed New York physician who provided medication via telehealth. Justice Gandin denied the Attorney General's intervention motion on the ground that no constitutional challenge to § 837-x was actually at issue in the proceeding, and found that discretionary intervention was also unwarranted.

On November 17, 2025, Texas filed a notice of appeal. On December 1, 2025, the New York State Attorney General filed a notice of cross-appeal. As of April 2026 both appeals are pending.

This case is ongoing.

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Summary Authors

Madilynn O'Hara (1/17/2026)

Josie Clerfond (4/22/2026)

Documents in the Clearinghouse

	Document
25-02536	Verified Petition New York state supreme court	July 25, 2025	July 25, 2025 Complaint

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Docket

Last updated Jan. 25, 2026, 12:07 a.m.

ECF Number	Description	Date	Link Date / Link
1	SUMMONS Corrected	July 25, 2025	July 25, 2025
3	NOTICE OF PETITION (Motion #001) Corrected By Dickerson, T.Related MISCELLANEOUS Documents: 75.+ Related	July 25, 2025	July 25, 2025
4	PETITION Corrected	July 25, 2025	July 25, 2025
5	AFFIRMATION Corrected	July 25, 2025	July 25, 2025
8	AFFIDAVIT OR AFFIRMATION IN SUPPORT	July 28, 2025	July 28, 2025
9	AFFIDAVIT OR AFFIRMATION IN SUPPORT	July 28, 2025	July 28, 2025
10	AFFIRMATION	July 28, 2025	July 28, 2025
11	AFFIRMATION	July 28, 2025	July 28, 2025
12	MEMORANDUM OF LAW	July 28, 2025	July 28, 2025
14	NOTICE OF PETITION ACCOMPANYING COMMENCEMENT DOC(S)	July 28, 2025	July 28, 2025
16	RJI -RE: OTHER CPLR Article 78 - Proceeding Against Body	July 29, 2025	July 29, 2025
17	ORDER - RECUSAL	July 30, 2025	July 30, 2025
18	NOTICE OF MOTION (Motion #002) By Dickerson, T.Related PRO HAC VICE Documents: 24, 25.+ Related	July 30, 2025	July 30, 2025
19	COURT NOTICE	July 31, 2025	July 31, 2025
20	LETTER/CORRESPONDENCE FROM COURT	Aug. 20, 2025	Aug. 20, 2025
21	NOTICE OF APPEARANCE (POST RJI)	Aug. 21, 2025	Aug. 21, 2025
22	NOTICE OF APPEARANCE (POST RJI)	Aug. 21, 2025	Aug. 21, 2025
23	NOTICE OF APPEARANCE (POST RJI)	Aug. 21, 2025	Aug. 21, 2025
24	AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #002) Affirmation in Opposition to Motion By Dickerson, T.Related PRO HAC VICE Documents: 18, 25.+ Related	Aug. 26, 2025	Aug. 26, 2025
25	AFFIRMATION (Motion #002) By Dickerson, T.Related PRO HAC VICE Documents: 18, 24.+ Related	Aug. 29, 2025	Aug. 29, 2025
26	LETTER/CORRESPONDENCE FROM COURT	Sept. 2, 2025	Sept. 2, 2025
27	LETTER / CORRESPONDENCE TO JUDGE	Sept. 8, 2025	Sept. 8, 2025
28	NOTICE OF APPEARANCE (PRE RJI)	Sept. 8, 2025	Sept. 8, 2025
29	NOTICE OF MOTION (Motion #003) NOTICE OF AMENDED MOTION FOR ADMISSION PRO HAC VICE By Contarino, J.Related PRO HAC VICE Documents: 30, 31, 32, 33, 34, 35, 36, 37, 41, 73.+ Related	Sept. 8, 2025	Sept. 8, 2025
30	AFFIRMATION (Motion #003) OF JOSIAH CONTARINO IN SUPPORT OF AMENDED MOTION FOR ADMISSION PRO HAC VICE By Contarino, J.Related PRO HAC VICE Documents: 29, 31, 32, 33, 34, 35, 36, 37, 41, 73.+ Related	Sept. 8, 2025	Sept. 8, 2025
31	EXHIBIT(S) - A (Motion #003) Proposed Order By Contarino, J.Related PRO HAC VICE Documents: 29, 30, 32, 33, 34, 35, 36, 37, 41, 73.+ Related	Sept. 8, 2025	Sept. 8, 2025
32	AFFIRMATION (Motion #003) Corrected OF ERNEST C. GARCIA IN SUPPORT OF AMENDED MOTION FOR ADMISSION PRO HAC VICE By Contarino, J.Related PRO HAC VICE Documents: 29, 30, 31, 33, 34, 35, 36, 37, 41, 73.+ Related	Sept. 8, 2025	Sept. 8, 2025
33	EXHIBIT(S) - A (Motion #003) Garcia Good Standing State Texas Bar By Contarino, J.Related PRO HAC VICE Documents: 29, 30, 31, 32, 34, 35, 36, 37, 41, 73.+ Related	Sept. 8, 2025	Sept. 8, 2025
34	EXHIBIT(S) - B (Motion #003) Garcia Good Standing Supreme Court of Texas By Contarino, J.Related PRO HAC VICE Documents: 29, 30, 31, 32, 33, 35, 36, 37, 41, 73.+ Related	Sept. 8, 2025	Sept. 8, 2025
35	AFFIRMATION (Motion #003) Corrected OF STEVEN M. OGLE IN SUPPORT OF AMENDED MOTION FOR ADMISSION PRO HAC VICE By Contarino, J.Related PRO HAC VICE Documents: 29, 30, 31, 32, 33, 34, 36, 37, 41, 73.+ Related	Sept. 8, 2025	Sept. 8, 2025
36	EXHIBIT(S) - A (Motion #003) Ogle Good Standing State Texas Bar By Contarino, J.Related PRO HAC VICE Documents: 29, 30, 31, 32, 33, 34, 35, 37, 41, 73.+ Related	Sept. 8, 2025	Sept. 8, 2025
37	EXHIBIT(S) - B (Motion #003) Ogle Good Standing Supreme Court of Texas By Contarino, J.Related PRO HAC VICE Documents: 29, 30, 31, 32, 33, 34, 35, 36, 41, 73.+ Related	Sept. 8, 2025	Sept. 8, 2025
38	LETTER/CORRESPONDENCE - SO ORDERED	Sept. 11, 2025	Sept. 11, 2025
39	LETTER/CORRESPONDENCE FROM COURT	Sept. 16, 2025	Sept. 16, 2025
40	LETTER/CORRESPONDENCE FROM COURT Response to AAG Murdukhayeva	Sept. 16, 2025	Sept. 16, 2025
41	AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #003) Affirmation of Andrew G. Celli Jr. By Contarino, J.Related PRO HAC VICE Documents: 29, 30, 31, 32, 33, 34, 35, 36, 37, 73.+ Related	Sept. 17, 2025	Sept. 17, 2025
42	NOTICE OF MOTION (Motion #004) By ADD/SUBSTITUTE/INTERVENE - Naram, K.Related PARTIES Documents: 43, 44, 45, 46, 58, 70, 76.+ Related	Sept. 17, 2025	Sept. 17, 2025
43	MEMORANDUM OF LAW (Motion #004) By ADD/SUBSTITUTE/INTERVENE - Naram, K.Related PARTIES Documents: 42, 44, 45, 46, 58, 70, 76.+ Related	Sept. 17, 2025	Sept. 17, 2025
44	AFFIRMATION (Motion #004) By ADD/SUBSTITUTE/INTERVENE - Naram, K.Related PARTIES Documents: 42, 43, 45, 46, 58, 70, 76.+ Related	Sept. 17, 2025	Sept. 17, 2025
45	EXHIBIT(S) - A (Motion #004) Email Correspondence By ADD/SUBSTITUTE/INTERVENE - Naram, K.Related PARTIES Documents: 42, 43, 44, 46, 58, 70, 76.+ Related	Sept. 17, 2025	Sept. 17, 2025
46	NO FEE AUTHORIZATION (LETTER/ORDER/AFFIRMATION) (Motion #004) By ADD/SUBSTITUTE/INTERVENE - Naram, K.Related PARTIES Documents: 42, 43, 44, 45, 58, 70, 76.+ Related	Sept. 17, 2025	Sept. 17, 2025
47	LETTER / CORRESPONDENCE TO JUDGE	Sept. 17, 2025	Sept. 17, 2025
48	NOTICE OF MOTION (Motion #005) Notice of Motion By Celli, A.Related DISMISS Documents: 49, 50, 51, 52, 53, 57, 69, 71, 77.+ Related	Sept. 19, 2025	Sept. 19, 2025
49	MEMORANDUM OF LAW IN SUPPORT (Motion #005) Memorandum of Law in Support of Respondent's Motion to Dismiss Petitioner's Verified Petition By Celli, A.Related DISMISS Documents: 48, 50, 51, 52, 53, 57, 69, 71, 77.+ Related	Sept. 19, 2025	Sept. 19, 2025
50	AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #005) Affirmation of Andrew G. Celli, Jr. in Support of Motion to Dismiss By Celli, A.Related DISMISS Documents: 48, 49, 51, 52, 53, 57, 69, 71, 77.+ Related	Sept. 19, 2025	Sept. 19, 2025
51	EXHIBIT(S) - A (Motion #005) Exhibit A to Andrew G. Celli, Jr. Affirmation By Celli, A.Related DISMISS Documents: 48, 49, 50, 52, 53, 57, 69, 71, 77.+ Related	Sept. 19, 2025	Sept. 19, 2025
52	EXHIBIT(S) - B (Motion #005) Exhibit B to Andrew G. Celli, Jr. Affirmation By Celli, A.Related DISMISS Documents: 48, 49, 50, 51, 53, 57, 69, 71, 77.+ Related	Sept. 19, 2025	Sept. 19, 2025
53	EXHIBIT(S) - C (Motion #005) Exhibit C to Andrew G. Celli, Jr. Affirmation By Celli, A.Related DISMISS Documents: 48, 49, 50, 51, 52, 57, 69, 71, 77.+ Related	Sept. 19, 2025	Sept. 19, 2025
54	LETTER / CORRESPONDENCE TO JUDGE Letter to Hon. David M. Gandin	Sept. 19, 2025	Sept. 19, 2025
55	COURT NOTICE	Sept. 22, 2025	Sept. 22, 2025
56	LETTER/CORRESPONDENCE FROM COURT	Sept. 22, 2025	Sept. 22, 2025
57	LETTER / CORRESPONDENCE TO JUDGE (Motion #005) By Celli, A.Related DISMISS Documents: 48, 49, 50, 51, 52, 53, 69, 71, 77.+ Related	Sept. 25, 2025	Sept. 25, 2025
58	AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #004) By ADD/SUBSTITUTE/INTERVENE - Naram, K.Related PARTIES Documents: 42, 43, 44, 45, 46, 70, 76.+ Related	Sept. 26, 2025	Sept. 26, 2025
59	LETTER/CORRESPONDENCE FROM COURT	Sept. 29, 2025	Sept. 29, 2025
60	NOTICE OF MOTION (Motion #006) Notice of Motion for Admission pro hac vice By Contarino, J.Related PRO HAC VICE Documents: 61, 62, 63, 64, 65, 66, 67, 68, 74.+ Related	Sept. 29, 2025	Sept. 29, 2025
61	AFFIRMATION (Motion #006) Affirmation of Josiah Contarino in Support of Motion for Admission pro hac vice By Contarino, J.Related PRO HAC VICE Documents: 60, 62, 63, 64, 65, 66, 67, 68, 74.+ Related	Sept. 29, 2025	Sept. 29, 2025
62	EXHIBIT(S) - A (Motion #006) Proposed Order By Contarino, J.Related PRO HAC VICE Documents: 60, 61, 63, 64, 65, 66, 67, 68, 74.+ Related	Sept. 29, 2025	Sept. 29, 2025
63	AFFIRMATION (Motion #006) Affirmation of Beth Klusmann in Support of Motion for Admission pro hac vice By Contarino, J.Related PRO HAC VICE Documents: 60, 61, 62, 64, 65, 66, 67, 68, 74.+ Related	Sept. 29, 2025	Sept. 29, 2025
64	EXHIBIT(S) - A (Motion #006) State Texas Bar Certificate of Good Standing By Contarino, J.Related PRO HAC VICE Documents: 60, 61, 62, 63, 65, 66, 67, 68, 74.+ Related	Sept. 29, 2025	Sept. 29, 2025
65	EXHIBIT(S) - B (Motion #006) Texas Supreme Court Certificate of Good Standing By Contarino, J.Related PRO HAC VICE Documents: 60, 61, 62, 63, 64, 66, 67, 68, 74.+ Related	Sept. 29, 2025	Sept. 29, 2025
66	AFFIRMATION (Motion #006) Affirmation of William Peterson in Support of Motion for Admission pro hac vice By Contarino, J.Related PRO HAC VICE Documents: 60, 61, 62, 63, 64, 65, 67, 68, 74.+ Related	Sept. 29, 2025	Sept. 29, 2025
67	EXHIBIT(S) - A (Motion #006) State Texas Bar Certificate of Good Standing By Contarino, J.Related PRO HAC VICE Documents: 60, 61, 62, 63, 64, 65, 66, 68, 74.+ Related	Sept. 29, 2025	Sept. 29, 2025
68	EXHIBIT(S) - B (Motion #006) Texas Supreme Court Certificate of Good Standing By Contarino, J.Related PRO HAC VICE Documents: 60, 61, 62, 63, 64, 65, 66, 67, 74.+ Related	Sept. 29, 2025	Sept. 29, 2025
69	MEMORANDUM OF LAW IN OPPOSITION (Motion #005) By Celli, A.Related DISMISS Documents: 48, 49, 50, 51, 52, 53, 57, 71, 77.+ Related	Sept. 30, 2025	Sept. 30, 2025
70	MEMORANDUM OF LAW IN REPLY (Motion #004) By ADD/SUBSTITUTE/INTERVENE - Naram, K.Related PARTIES Documents: 42, 43, 44, 45, 46, 58, 76.+ Related	Oct. 2, 2025	Oct. 2, 2025
71	MEMORANDUM OF LAW IN REPLY (Motion #005) Memorandum of Law in Further Support of Respondent's Motion to Dismiss Petitioner's Verified Petitio ... show more By Celli, A.Related DISMISS Documents: 48, 49, 50, 51, 52, 53, 57, 69, 77.+ Related	Oct. 3, 2025	Oct. 3, 2025
72	COURT NOTICE	Oct. 6, 2025	Oct. 6, 2025
73	DECISION + ORDER ON MOTION (Motion #003) By Contarino, J.Related PRO HAC VICE Documents: 29, 30, 31, 32, 33, 34, 35, 36, 37, 41.+ Related	Oct. 21, 2025	Oct. 21, 2025
74	DECISION + ORDER ON MOTION (Motion #006) By Contarino, J.Related PRO HAC VICE Documents: 60, 61, 62, 63, 64, 65, 66, 67, 68.+ Related	Oct. 21, 2025	Oct. 21, 2025
75	DECISION + ORDER ON MOTION (Motion #001) By Dickerson, T.Related MISCELLANEOUS Documents: 3.+ Related	Oct. 31, 2025	Oct. 31, 2025
76	DECISION + ORDER ON MOTION (Motion #004) By ADD/SUBSTITUTE/INTERVENE - Naram, K.Related PARTIES Documents: 42, 43, 44, 45, 46, 58, 70.+ Related	Oct. 31, 2025	Oct. 31, 2025
77	DECISION + ORDER ON MOTION (Motion #005) By Celli, A.Related DISMISS Documents: 48, 49, 50, 51, 52, 53, 57, 69, 71.+ Related	Oct. 31, 2025	Oct. 31, 2025
78	NOTICE OF ENTRY Notice of Entry of Judgment	Oct. 31, 2025	Oct. 31, 2025
79	NOTICE OF APPEAL Corrected	Nov. 17, 2025	Nov. 17, 2025
80	INFORMATIONAL STATEMENT Corrected	Nov. 17, 2025	Nov. 17, 2025
81	NOTICE OF CROSS APPEAL	Dec. 1, 2025	Dec. 1, 2025
82	INFORMATIONAL STATEMENT	Dec. 1, 2025	Dec. 1, 2025
83	NO FEE AUTHORIZATION (LETTER/ORDER/AFFIRMATION)	Dec. 1, 2025	Dec. 1, 2025
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