Paralegals Olga S. Camperlino Leslie A. Miller Corrine M. Scoville Office Manager Jo Ann Stuhler Catherine A. Gale * Max D. Gale Kevin T. Hunt Matthew J. VanBeveren Kirsten Lerch Kroft Andrew R. Borelli Katherine A. Buckley Minla Kim Matthew C. Walsh * Also Admitted in PA

James P. McClusky Jefferson County Supreme Court 317 Washington Street Watertown, New York 13601

Dear Justice McClusky: I am writing regarding the outstanding summary judgment motion filed in the above matter on behalf of defendants John P. Cannizzaro, M.D.

and Upstate Orthopedics, LLP.

Given the filing of the Stipulation of Partial Discontinuance for the moving defendants, the summary judgment motion is moot and therefore withdrawn.

Plaintiffs filed this medical malpractice action on June 7, 2019, alleging that following presentment to the Samaritan Medical Center Emergency Department (ED) on June 6, and his admission to the hospital, Plaintiff Roger Altman developed sepsis which led to his leg becoming ischemic, dying, and ultimately necessitating amputation and disarticulation of the leg.

All Defendants have moved for summary judgment and Plaintiffs do not oppose the motions for summary judgment filed by defendants James T. Riley, M.D., Samaritan Medical Practice, P.C., A. Melynne Youngblood, M.D., Hailey Peterson, D.O., Aruna Ray, M.D., Marylene Duah, M.D., John Burnett, D.O., David Antecol, M.D., Cardiology Associates of Northern New York, Daniel Gray, M.D., and Northern Radiology Associates,

The Defendant has llthe initial burden of establishing either that there was no deviation or departure from the applicable standard of care or that any alleged departure did not proximately cause the plaintiffs injuries" (Occhino v Fan, 151 AD3d 1870, 1871, 57 N.Y.S.3d 325 [4th Dept 2017l Plaintiffs do not dispute that SMC has met their initial burden, but rather argue thatthey have raised triable issues of fact through the affidavits of their experts in emergency and hospitalist medicine and vascular surgery.

These departures from the standard of care, the expert opined, prolonged the hypotensive episode and was a direct and proximate cause of the Plaintiffs left leg becoming ischemic 1 dying, and necessitating amputation and disarticulation.

For the reasons set forth herein the motions for summary judgment filed by defendants James T. Riley, M.D., Samaritan Medical Practice, P.C., A. Melynne Youngblood, M.D., Hailey Peterson, D.O., Aruna Ray, M.D., Marylene Duah, M.D., John Burnett, D.O., David Antecol, M.D., Cardiology Associates of Northern New York, Daniel Gray, M.D., and Northern Radiology Associates, P.C. and unopposed by Plaintiffs are hereby granted, and the motion by Samaritan Medical Center is denied with respect to the allegations of departures from the standard of care and causation relating to the care and treatment Plaintiff received in the emergency department, on the medical/surgical floor, and in the intensive care unit at Samaritan Medical Center on June 6, 2018 and June7, 2018, and granted in all other respects.

YORK, P.C., by and through its agents, officers, and/or employees; HAILEY PETERSON, D.O., individually and as an agent, officer and/or employee of Samaritan Medical Center; ARUNA RAY, M.D., individually and as an agent, officer and/or employee of Samaritan Medical Center; MARYLENE DUAH, M.D., individually and as an agent, officer and/or employee of Samaritan Medical Center; JOHN BURNETT, D.O., individually and as an agent, officer and/or employee of Samaritan Medical Center; DAVID ANTECOL, M.D., individually and as an agent, officer and/or employee of Samaritan Medical Center and/or Cardiology Associates of Northern New York; CARDIOLOGY ASSOCIATES OF NORTHERN NEW YORK, by and through its agents, officers and/or employees; DANIEL GRAY, M.D., individually and as an agent, officer and/or employee of Samaritan Medical Center and/or Northern Radiology Associates,

ASSOCIATES, P.C., by and through its agents, officers and/or employees; and JOHN DOES AND MARY ROES 1- 30,

PLEASE TAKE NOTICE, that the within is a true copy of the Memorandum Decision and Order of the New York State Supreme Court, Jefferson County (Hon.

Jennifer Ploetz Williams, Esq. SUGARMAN LAW FIRM, LLP Attorneys for Defendants Samaritan Medical Center, Samaritan Medical Practice, P.C Hailey Peterson, D.O., Aruna Ray, M.D., Marylene Duah, M.D.

and Cardiology Associates of Northern New York Post Office Address P.O.

PLEASE TAKE NOTICE, that the attached Memorandum Decision and Order of the Jefferson County Supreme Court (Hon.

true copy of the Memorandum Decision and Order duly entered in the above-entitled action and filed in the office of the Clerk of the County of Jefferson on March 1, 2024.

Attorneys for Plaintiffs 100 Madison Street, 15th Floor, Syracuse, NY 13202 Jennifer Ploetz Williams, Esq.

Attorneys for Defendants Samaritan Medical Center, P.C., Hailey Peterson, D.O., Aruna Ray, M.D., Marylene Duah, M.D., and John Burnett, D.O.

and Northern Radiology Associates, P.C. 46 Front Street Binghamton, New York 13905 Edward J. Smith, III, Esq.