(BREACH OF IMPLIED CONTRACT Against Defendant SU) As part of the agreement, SU promised to provide its students, including Plaintiff, with a reasonably safe environment; to protect victims of sexual abuse from being revictimized by their assailant; and to adhere to the canons set forth in SU’s own Student Bill of Rights.

In contrast to a motion for summary judgment, a court resolving a motion to dismiss for failure to state a claim cannot base the determination upon submissions by the defendant—without regard to how compelling claims made in such submissions may appear [citations omitted].

Indeed, upon a motion pursuant to CPLR 3211 (a) (7), the party opposing dismissal is allowed a remedy not available to the party seeking dismissal; the court “may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint, since the ultimate criterion is whether the proponent of the pleading has a cause of action, not whether he or she has stated one” [citations omitted].

The Court finds that at least with respect to the Plaintiff Jane Doe’s allegations that the Defendant Syracuse University’s handling of the treatment of the Plaintiff Jane Doe with respect to the alleged violation of the “Student Bill of Rights” (a copy of which neither party provided to the Court), the complaint constitutes a valid cause of action.

The Defendant did not request, and the Court has not, parsed each element of each stated cause of action beyond those emphasized in the quoted sections above.

JACOB COHEN and SYRACUSE

David W. DeBruin, having applied to this Court for admission pro hac vice to represent defendant Syracuse University (“Defendant”) in the above-captioned action, and said applicant having submitted in support thereof an affirmation of Katya Jestin dated October 23, 2023, a member of the Bar of the State of New York and attorney of record herein for Defendant, and an affidavit of David W. DeBruin dated October 23, 2023, and a Certificate of Good Standing from the jurisdiction in which Mr. DeBruin is admitted to the practice of law, and the Court having reviewed the foregoing submissions and due deliberation having been had, it is now therefore ORDERED that the motion is granted and David W. DeBruin is permitted to appear and to participate in this action on behalf of Defendant; it is further ORDERED that he shall at all times during this action be associated with counsel who is a member of good standing of the Bar of the State of New York and is attorney of record for the party in question and all pleadings, briefs, and other papers filed with the Court shall be signed by the attorney of record who shall be responsible for such papers and for the conduct of this action; it is further ORDERED that, pursuant to Section 520.11 of the Rules of the Court of Appeals, the attorney hereby admitted pro hac vice shall be familiar with and shall comply with the standards of professional conduct imposed upon members of the New York Bar, including the rules of court governing the conduct of attorneys and the Rules of Professional Conduct; it is further ORDERED that the attorney hereby admitted pro hac vice shall be subject to the jurisdiction of the courts of this State with respect to any acts occurring during the course of the attorney’s participation in the matter; and it is further ORDERED that said counsel shall notify the Court immediately of any matter or event in this or any other jurisdiction that affects his standing as a member of the Bar.

JACOB COHEN and SYRACUSE

David W. DeBruin, having applied to this Court for admission pro hac vice to represent defendant Syracuse University (“Defendant”) in the above-captioned action, and said applicant having submitted in support thereof an affirmation of Katya Jestin dated October 23, 2023, a member of the Bar of the State of New York and attorney of record herein for Defendant, and an affidavit of David W. DeBruin dated October 23, 2023, and a Certificate of Good Standing from the jurisdiction in which Mr. DeBruin is admitted to the practice of law, and the Court having reviewed the foregoing submissions and due deliberation having been had, it is now therefore ORDERED that the motion is granted and David W. DeBruin is permitted to appear and to participate in this action on behalf of Defendant; it is further ORDERED that he shall at all times during this action be associated with counsel who is a member of good standing of the Bar of the State of New York and is attorney of record for the party in question and all pleadings, briefs, and other papers filed with the Court shall be signed by the attorney of record who shall be responsible for such papers and for the conduct of this action; it is further

ORDERED that, pursuant to Section 520.11 of the Rules of the Court of Appeals, the attorney hereby admitted pro hac vice shall be familiar with and shall comply with the standards of professional conduct imposed upon members of the New York Bar, including the rules of court governing the conduct of attorneys and the Rules of Professional Conduct; it is further ORDERED that the attorney hereby admitted pro hac vice shall be subject to the jurisdiction of the courts of this State with respect to any acts occurring during the course of the attorney’s participation in the matter; and it is further ORDERED that said counsel shall notify the Court immediately of any matter or event in this or any other jurisdiction that affects his standing as a member of the Bar.

JOHN P. CRONAN, United States District Judge: For the reasons stated on the record, the Court ordered that Defendant Ivanjoel Aryeetey be released on bail with the condition of home confinement with location monitoring at the discretion of the Probation Office.

The Probation Office shall set up Defendant’s location monitoring as soon as possible.

The Probation Office shall notify the Court promptly of any noncompliance during Defendant’s home confinement.

The Court further modified Defendant’s supervised release conditions to include inpatient treatment for up to ninety days.

The parties shall appear for a status conference on January 23, 2024 at 10:00 a.m. in Courtroom 12D of the Daniel Patrick Moynihan U.S.

JACOB COHEN, and SYRACUSE UNIVERSITY,

THIS MATTER, having been brought before the Court by Plaintiff Jane Doe, and the Court having read the papers submitted in support, and any opposition thereto, and for good cause shown; IT IS on this _____ day of __________________, 2023, ORDERED, that a Temporary Restraining Order be granted pursuant to CPLR 6301 and N.Y. Civ.

Rights 50-b deeming Plaintiff’s use of the pseudonym “JANE DOE”, and the caption “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”, to be proper; and it is further ORDERED, that Plaintiff may proceed in this action under the pseudonym “JANE DOE”, and the caption “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”; and it is further ORDERED, that the parties, their attorneys, and agents are to refrain from publishing Plaintiff’s true identity; and it is further ORDERED, that all papers filed in this action, and all judgments, orders, decisions, notices to the Court and any other document relating to this action refer to the Plaintiff by the pseudonym “JANE DOE”, and bear the caption “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”; and it is further ORDERED, that the County Clerk is to enter and record all papers in the action under the title “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”, and it is further ORDERED, that a copy of this Order shall be filed with the Court and service of a copy of this order on Defendants by overnight mail service to their last known address, be made by Plaintiff on or before the ____ day of ___________, 2023 and that such be deemed good and sufficient service.

JACOB COHEN, and SYRACUSE UNIVERSITY,

THIS MATTER, having been brought before the Court by Plaintiff Jane Doe, and the Court having read the papers submitted in support, and any opposition thereto, and for good cause shown; IT IS on this _____ day of __________________, 2023, ORDERED, that a Temporary Restraining Order be granted pursuant to CPLR 6301 and N.Y. Civ.

Rights 50-b deeming Plaintiff’s use of the pseudonym “JANE DOE”, and the caption “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”, to be proper; and it is further ORDERED, that Plaintiff may proceed in this action under the pseudonym “JANE DOE”, and the caption “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”; and it is further ORDERED, that the parties, their attorneys, and agents are to refrain from publishing Plaintiff’s true identity; and it is further

ORDERED, that all papers filed in this action, and all judgments, orders, decisions, notices to the Court and any other document relating to this action refer to the Plaintiff by the pseudonym “JANE DOE”, and bear the caption “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”; and it is further ORDERED, that the County Clerk is to enter and record all papers in the action under the title “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”, and it is further ORDERED, that a copy of this Order shall be filed with the Court and service of a copy of this order on Defendants by overnight mail service to their last known address, be made by Plaintiff on or before the ____ day of ___________, 2023 and that such be deemed good and sufficient service.

JACOB COHEN, and SYRACUSE UNIVERSITY

Pursuant to the Court’s Order to Show Cause, NYSCEF No. 6, Defendant Syracuse University (“Syracuse”) does not oppose Plaintiff’s application for an order permitting her to proceed in this action under the pseudonym “Jane Doe”, NYSCEF Nos. 3–4, although Syracuse disagrees with the characterization of the issues that will be litigated in this case.

Dated: September 19, 2023 New York, New York

At IAS Part ____________of the Supreme Court of the State of New York, County of Onondaga, held at the courthouse located at 401 Montgomery Street, Syracuse, New York on the ______ day of __________, 2023.

JACOB COHEN, and SYRACUSE UNIVERSITY,

UPON READING AND FILING of the affirmation of Matthew T. Eyet, Esq. dated August 28, 2023, and all other papers herein, and upon due consideration, LET CAUSE BE SHOWN before this Court at the Supreme Court of Onondaga County, at the courthouse located at 401 Montgomery Street, Syracuse, New York on the ______ day of __________, 2023

Rights 50- b deeming Plaintiff’s use of the pseudonym “JANE DOE”, and the caption “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”, to be proper; b) Permitting Plaintiff to proceed in this action under the pseudonym “JANE DOE”, and the caption “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”; c) Directing the parties, their attorneys, and agents to refrain from publishing Plaintiff’s true identity; d) Directing that all papers filed in this action, and all judgments, orders, decisions, notices to the Court and any other document relating to this action refer to the Plaintiff by the pseudonym “JANE DOE”, and bear the caption “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”; and directing the County Clerk to enter and record all papers in the action under the title “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”, and e) Granting such other relief as the court may deem just and proper.

ORDERED, that service of a copy of this order on Defendants by service together with the papers upon which it is granted, be made by Plaintiff on or before the ____ day of ___________ 2023 and that such be deemed good and sufficient service.

At IAS Part ____________of the Supreme Court of the State of New York, County of Onondaga, held at the courthouse located at 401 Montgomery Street, Syracuse, New York on the ______ day of __________, 2023.

UPON READING AND FILING of the affirmation of Matthew T. Eyet, Esq. dated August 28, 2023, and all other papers herein, and upon due consideration, LET CAUSE BE SHOWN before this Court at Room ____, Part ____ to be held at the Supreme Court of Onondaga County, at the courthouse located at 401 Montgomery Street, Syracuse, New York on the ______ day of __________, 2023 at 9:30 a.m., in the forenoon of that day, or as soon thereafter as counsel may be heard, why an Order should not be made: a) Granting a Temporary Restraining Order pursuant to CPLR 6301 and N.Y. Civ.

Rights 50- b deeming Plaintiff’s use of the pseudonym “JANE DOE”, and the caption “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”, to be proper; b) Permitting Plaintiff to proceed in this action under the pseudonym “JANE DOE”, and the caption “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”;

c) Directing the parties, their attorneys, and agents to refrain from publishing Plaintiff’s true identity; d) Directing that all papers filed in this action, and all judgments, orders, decisions, notices to the Court and any other document relating to this action refer to the Plaintiff by the pseudonym “JANE DOE”, and bear the caption “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”; and directing the County Clerk to enter and record all papers in the action under the title “JANE DOE v. JACOB COHEN, and SYRACUSE UNIVERSITY”, and e) Granting such other relief as the court may deem just and proper.

ORDERED, that service of a copy of this order on Defendants by overnight service together with the papers upon which it is granted, be made by Plaintiff on or before the ____ day of ___________ 2023 and that such be deemed good and sufficient service.

If none, leave blank.