Kotler v. Bosco et al

Filing 92

ORDER that the clerk of the court issue a Writ of Habeas Corpus Ad Testificandum directing the United States Marshal for the Northern District of New York, or his deputies, to serve upon the Executive Director at CNYPC, this Writ of Habeas Corpus to deliver Kerry Kotler, dressed in civilian attire, to the James Hanley Federal Building in SYRACUSE, New York, at 8:30 a.m. on May 10, 2021, and any recessed date thereafter (trial is expected to last 2-3 days); and it is further ORDERED, that New York State shall advance the cost of Kotler's transportation, which shall be repaid to the state from the monetary award, if any, recovered by Kotler at trial; and it is further ORDERED, that the original and certified copy of said Writ be deli vered to the United States Marshal or his authorized deputy for service upon the named detention facilities stated herein to serve as notice to prepare Kotler for transport; and it is further ORDERED, that in the event the action is settled prior to trial, it shall be incumbent upon defendants or their authorized representative to notify the designated institution where Kotler is housed and cancel such Writ to produce. Signed by Chief Judge Glenn T. Suddaby on 4/9/2021. (Copy served upon plaintiff via regular mail, and USMS & CNY PC - Michelle Sorrentino - via e-mail)(sal )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
____________________________________
KERRY KOTLER,
Plaintiff,

9:17-CV-394 (GTS/ML)

-vsJEFFREY NOWICKI, Chief of Mental Health
Treatment Services, Central New York
Psychiatric Center; EMILY GRAY, Primary
Therapist, Central New York Psychiatric
Center; MARK CEBULA, Treatment Team
Leader, Central New York Psychiatric Center;
and DR. TERRY MAXYMILLIAN, Director of
Treatment Services, Central New York
Psychiatric Center,

Defendants.
____________________________________
ORDER
Kerry Kotler, plaintiff in the above entitled action, has been directed
to appear at the James Hanley Federal Building, 100 South Clinton Street,
in SYRACUSE, New York, on May 10, 2021, at 8:30 AM for the purpose of
attending a trial relative to the above entitled case. It appears that Kotler is
presently incarcerated at Central New York Psychiatric Center (“CNYPC”),
located in Marcy, New York. It is necessary that a Writ of Habeas Corpus
Ad Testificandum be issued for the purpose of securing Kotler’s presence
at said proceeding. While New York State is required to advance the costs

of Kotler’s transportation, these costs shall be repaid to the state from the
monetary award, if any, recovered by Hunter at trial.
Accordingly, it is hereby
ORDERED, that the clerk of the court issue a Writ of Habeas Corpus
Ad Testificandum directing the United States Marshal for the Northern
District of New York, or his deputies, to serve upon the Executive Director
at CNYPC, this Writ of Habeas Corpus to deliver Kotler, dressed in civilian
attire, to the James Hanley Federal Building in SYRACUSE, New York, at
8:30 a.m. on May 10, 2021, and any recessed date thereafter (trial is
expected to last 2-3 days); and it is further
ORDERED, that New York State shall advance the cost of Kotler’s
transportation, which shall be repaid to the state from the monetary award,
if any, recovered by Kotler at trial; and it is further
ORDERED, that the original and certified copy of said Writ be
delivered to the United States Marshal or his authorized deputy for service
upon the named detention facilities stated herein to serve as notice to
prepare Kotler for transport; and it is further
ORDERED, that in the event the action is settled prior to trial, it shall
be incumbent upon defendants or their authorized representative to notify

the designated institution where Kotler is housed and cancel such Writ to
produce.

Dated: April 9, 2021
Syracuse, New York