Mental Hygiene Legal Services v. Paterson et alMOTION for Judgment on the Pleadings. DocumentS.D.N.Y.January 8, 2008UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MENTAL HYGIENE LEGAL SERVICE, Plaintiff, - against - ELIOT SPITZER, in his official capacity as Governor of the State of New York, ANDREW CUOMO, in his official capacity as Attorney General of the State of New York, MICHAEL HOGAN, in his official capacity as Commissioner of the New York State Office of Mental Health, DIANA JONES RITTER, in her official capacity as Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities, and BRIAN FISCHER, in his official capacity as Commissioner of the New York State Department of Correctional Services, Defendants. Docket Number 07-CV-2935 (GEL) (AJP) NOTICE OF DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS PURSUANT TO FRCP 12(c) TO: MARVIN BERNSTEIN Director, Mental Hygiene Legal Service for the First Judicial Department (SADIE ZEA ISHEE, Of Counsel) 41 Madison Avenue, 26 floorth New York, NY 10010 Tel: 212-779-1734 Fax: 212-779-7899 SIDNEY HIRSCHFELD Director, Mental Hygiene Legal Services for the Second Judicial Department (DENNIS FELD, Of Counsel) 170 Old Country Road, Suite 500 Mineola, NY 11501 Tel: 516-746-4373 Fax: 516-746-4372 Case 1:07-cv-02935-GEL Document 48 Filed 01/08/2008 Page 1 of 3 2 SHEILA E. SHEA Director, Mental Hygiene Legal Service for the Third Judicial Department (HOLLIE S. LEVINE, Of Counsel) 44 Hawley Street, 16 floorth Binghamton, NY 13901 Tel: 607-721-8440 PLEASE TAKE NOTICE that defendants ELIOT SPITZER, Governor of New York State, and BRIAN FISCHER, Commissioner of the New York State Department of Correctional Services, will move before this Court, before the Honorable Gerard E. Lynch, United States District Judge, at the United States Courthouse, United States District Court for the Southern District of New York, located at 500 Pearl Street, New York, New York 10007, at a date and time to be determined by the Court, for an Order pursuant to Rule 12(c) of the Federal Rules of Civil Procedure granting judgment on the pleadings in favor of Defendants Spitzer and Fischer, together with costs, disbursements, attorneys’ fees, and such other and further relief as the Court may deem just and proper under the circumstances. PLEASE TAKE FURTHER NOTICE that in support of their motion, Defendants Spitzer and Fischer shall rely upon the accompanying Defendants’ Memorandum of Law in Support of Motion for Judgment on the Pleadings in Favor of Defendants’ Fischer and Spitzer, dated January 8, 2008, the Complaint, the Answer, and all prior papers and proceedings herein. PLEASE TAKE FURTHER NOTICE that pursuant to Rule 6.1(b) of the Local Rules of the United States District Courts for the Southern District of New York and the Eastern District of New York and to the individual practices of the Honorable Gerard E. Lynch, United States District Judge (which require that two courtesy copies of all motion papers should be submitted to chambers at the time that reply papers, if any, are served), three copies of Plaintiff’s answering Case 1:07-cv-02935-GEL Document 48 Filed 01/08/2008 Page 2 of 3 3 papers, if any, should be served upon the undersigned no later than January 22, 2008, and Defendants’ reply papers, if any, will be served upon counsel for Plaintiff no later than January 29, 2008. Dated: New York, New York January 8, 2008 ANDREW M. CUOMO Attorney General of the State of New York Attorney for Defendants By: /s/ Joshua Pepper JOSHUA PEPPER Assistant Attorney General 120 Broadway, 24 floorth New York, New York 10271 Tel: 212-416-8567 Fax: 212-416-6075 Case 1:07-cv-02935-GEL Document 48 Filed 01/08/2008 Page 3 of 3
