7/24/2019 11/18/15: Letter to Heather Davis, Court Clerk

1/2

HARRIS BEACH

TTORNEYS T L W

November 18, 2015

99 GARNSEY ROAD

PITTSFORD NY 14534

585) 419-8800

VIA FEDERAL

EXPRESS

SVETLANA K. IVY

P RTN R

NEXT DAY DELIVERY

DIRE T

585) 419-8779

FAx: 585) 419-8811

Attn: Heather Davis

Chief Motion Clerk

N Y

k St

C f A l

SIVY a@HARRISBEACH COM

ew

or ate

ourt o

ppea s

20 Eagle Street

Albany, New Y ork 12207

Re: Matter of Philip Schonberger v Hellman Memorial Chapels and Mendelsohn

Rockland County Index No. 1612/2015

Second Department D ocket No. 2015-10580

Dear Ms. Davis:

Harris Beach PLLC represents Petitioner-Appellant Philip Schonberger relative to the

above-entitled matter. Enclosed please find the original Order to Show Cause for Leave to

Appeal to the Court of Appeals and for an Emergency Stay, together with the original

Affirmation of Svetlana K. Ivy, sworn to November 18, 2015, and six copies

thereof. Respondent Steven Mendelsohn s attorney, Brendon DeMay, agreed to accept service

via e-mail and I have also enclosed my original Affidavit of Service by Federal Express and E-

mail. No counsel has appeared on behalf of Hellman Memorial Chapels, but we have alerted

them to the application and have also served them via Federal Express overnight delivery.

I want to alert the Court that this application is time-sensitive. Mr. Schonberger seeks to

prevent crem ation of a body b ecause crema tion in this case is contrary to the decedent s faith and

religious beliefs, and thus improper under New York Public Health Law. Respondent Steven

Men delsohn s counsel has requested 24 hours to respon d to the application, and w e consented to

that request on the understanding that the body wou ld not be cremated at this time.

Should you have any questions, please do not hesitate to contact me. Thank you in

advance for your attention to this matter.

Respectfully submitted

Enclosures

2682104

7/24/2019 11/18/15: Letter to Heather Davis, Court Clerk

2/2

HARRIS BEACH

TTORNEYS T L W

November 18, 2015

Page 2

cc: Brendon DeMay, Esq. (via Fed Express w/enc.)

Hellman Memorial Chapel (via Fed Express w/enc.)