Documentation to "My Case"

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January 7, 2006

Lori L. Pack
Assistant Attorney General
Office of the Attorney General of the
State Of New York
300 Motor Parkway – Suite 205
Hauppauge, New York 11788

Re: Tibor Gasparik vs. Stony Brook University
CV-05-03817 (SJF/ARL)


Dear Ms. Pack:

I am deeply disappointed by your total lack of cooperation in this case. You have missed every deadline: You defaulted on submitting your answer to my complaint by 8 days. You did not serve me with the moving papers to dismiss the case by November 14, 2005, despite indicating your intention to the Magistrate Judge, honorable Arlene R. Lindsay, to do so. And you did not file briefed motion by December 30, 2005, as ruled by the same Magistrate Judge in her order from October 12, 2005. You also did not answer my request from December 6, 2005, to meet and develop a discovery plan, when it had become evident, from the long delay beyond the deadline, that you were no longer interested in the dismissal of the case. And you also ignored the follow-up communication from December 14, 2005. In fact, I do not see any evidence that you have done anything at all since the status conference held on October 12, 2005. I must only assume that you intend to delay the discovery on purpose, so you can ask the court for its extension.

I would like to start the discovery with a survey that I view as essential to this case. Surveys are usually carried out by the Office of the President and requested by the president, Dr. Shirley Strum Kenny. The purpose of this survey will be to determine the political affiliation or orientation of the tenured faculty members at the Stony Brook University to document potential institutional discrimination against conservative professors in hiring, retention and promotion. The survey would include the following:

1. Check only one:
a)  I am a registered member of the Democratic Party;
b)  I am not a registered member of a political party, but I view myself to be liberal, or believe in values and views that are on average more liberal than conservative;
c)  I am not a registered member of a political party, but I view myself to be conservative, or believe in values and views that are on average more conservative than liberal;
d)  I am a registered member of the Republican Party.
2.  Check only if you selected c) or d) but would have selected a) or b) at the time when receiving your tenure.
3.  Check only if you selected c) or d) and are 55 or older.

I expect this survey to be sent by the Office of the President to all departmental chairs, specifying it to be carried out for internal use. The chairs will be responsible for collecting the information from all tenured faculty members at that department and using it to produce summaries. To assure objectivity and cooperation, the specific information would remain available only to the departmental chairs, and the Office of the President will receive only the summaries. I want the copies of all summaries.

In addition, I will also need access to the employee files in the Office of Human Resources, and to all documentation relevant to the investigation carried out by the Director Lynn Johnson in response to my letter from September 22, 2003, to the SUNY president, Dr. Shirley Strum Kenny.

To formally address the last outstanding requirement for initial disclosure, the requested compensation of $ 300,000 is for the 4-year loss in income with fringe benefits.

Considering your previous record of non-cooperation and the fast approaching deadline for the completion of the discovery by April 24, 2006, I must insist that you respond by the end of January at the latest. Failure to do so would force me to file a motion to compel discovery and to ask the court for appropriate sanctions.

Thank you for your kind attention on this matter and wish you again a Happy New Year.

Respectfully yours,


Tibor Gasparik
Pro Se and
Research Associate Professor
352 Plad Blvd
Holtsville, NY 11742
(631) 447-2168