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SL?RJ\.IECOLRT
OF
TH:
ST{TE
Of
\E\\
\'ORK
::Tlt::)T:T
......................x
ELLIOTT
BENNETT-GUERRERO.
M.D.
OR!GIIIAL
lndex
N-o.
//i
aOa
loZ
NOTICI,
OF
VERIFIED PETITION
Petitioner,
In
a
Mafier
Pursuant
to
Arlicle
78
oftheCivi]
practice
Law
and
Rules,against-
THETRUSTEES
OF
COLLMBIA
L]NTVERSITY
IN
THE
CITY
OF
NEW YORK
AND
GER.AI-D
FISC]IBACH,
Dated
Pur-chased
and
Filedl
Jaov
"c-)
23,
2
o
13
Respondents.
---
------------x
PLEASE
TAKE
NOTICT]
THAT:
Upon the
annexed
Petition,verified
on the 23rd
day
of
January, 2003
by
Elliott
Bennett-Guerrero("Be1x1ett-Guen,]ro"),
and
the
Exlibits
ainexed thercto:
and
all
pdor
proceediigs
had
herein,
an
application
will
be made
to
theNerv
York
SLLpteme
Court,
County
ofNewyork,
in
Room
130,
at
theCourthouse, located
at 60
Centre
Street,
New
York,
New
york,
on
the
l,lth
day
ofFebruary,
2003,
at
9:30
a.m.,
or
as
soon
thercafter
as
counsel maybe heard,
for
an Orcler-andJudgementunder
New
York
Civil
Praclice
Larv
and
Rules
("CpLR")Anicle
78:
FELED
JUN
2
5
2003
couur{?uJu-!oJ.
orne
s
(1)
declaring
that
the
sanctions
imposed against
Bennett-Guerero
by
Respondents
are
arbitrary,capricious,
an
abuse
ofdiscretion, illegalandinvalid
and
restraining
Respondents
lio1n
:npo"ir5
ard
o-:np
emerl
ng
dny.uch
sdnc.ion.
(2)
restraining Respondenls
ftom
resticting
in
any
1rafl]cr
BennettGuerreto's
ability to
conduct,
pursue, and
publishall
clinical
resea-ch
to
the same
extent
as
any
other-
faculty
men]ber
and
provided
such research
is
in compliance
with
applicable
mlcs
and
reglrlatiol1sl
(3)
enjoining
Coiumbia
Univemity
and
Gerald
Fischbach
from
inrposing
aid/or
implementing any
further
sanctionsagainst
Bennett-Guerero
by
virlue
of
his
participctioDin
Protocol
#
9256 or
his institution
olthis
proceeding;
(4)
direcling
Respondents
to
reinstate
Bennett-Guerero's
positions
andtitlcs
as
Assistant
Professor,
Departnent
of
Anesthesiology and
Chief
of
the
Cardiac
AlesthcsiologyDivision;
(5)
ordering
Respondents
to
pay
Bennett-Guen
ero's
incidenlal
danages,
including his
legal
fees
and
disbursementsincurred in thisproceeding;
and
(6)
for
sucl] other and
furlher diflorcnt
reliefas
lhe
Colut
deems.just
ar]d
proper
under the
circumslances.
Pursuant
to
CPLR
7804(c)
answering
papers,
if
:tny, shall
bc
scrved
upon theundersigned
at
least
five
(5)
days
p
or
to thc
retum
date
ofthis
petition.
New
YorkCount]
is designated
as
the
\_etrue
oi
_rh;
ptc=e
.d1trs
ca
rie
tcss
residence
and
principal
place
ofbusiness
address
ofthe
parties
hereto.
Datedi
New
York,
New
York
January
23,
2003
You$,
etc.,MORRISON COHEN
SINGER
& WEINSTEIN,
LLP750
Lexington AvenueNew
Yo*,
New
York
10022
(212)
73s
8600
FILED
JuN
2
5
?003
counr\E$Jffforrrce
Atlomols
for
Petitioner
Eliiot
Bennett-Guenero
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