Documentation to "My Case"

-
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------------------------------------X LLP/8303
TIBOR GASPARIK,

Plaintiff,
………………………………………………….........................................……..…. CV-05-3817 (SJF)
-against-

STONY BROOK UNIVERSITY,

Defendants.
---------------------------------------------------------------------X

STATEMENT PURSUANT TO LOCAL RULE 56.1

Defendant STONY BROOK UNIVERSITY, by its attorney, ELIOT SPITZER, Attorney General of the State of New York, by Lori L. Pack, Assistant Attorney General, of counsel, pursuant to Local Rule 56.1, hereby submits the following statement of material facts not in dispute:

1. Plaintiff began working for the Research Foundation of Stony Brook University through a temporary appointment on April 1, 1985 (Exhibit "C" attached to Declaration of Lori Pack).

2. Plaintiff was hired under a grant from the National Science Foundation and his salary was funded from the funds received from that grant (Exhibit "F" Plaintiffs Deposition, p. 39, attached to Declaration of Lori Pack).

3. Defendant worked under a series of different grants from the National Science Foundation until January 3, 2002 (Exhibit "F" Plaintiffs Deposition, p. 39, attached to Declaration of Lori Pack).

4. The funding for the grant under which Plaintiff was paid was terminated by the National Science Foundation on or about January 2002 (Exhibit "F" Plaintiffs Deposition, p. 75, attached to Declaration of Lori Pack).

5. Defendant made efforts to assist the Plaintiff in obtaining new employment (Exhibit "G" attached to Declaration of Lori Pack).

6. Other than two lectures during the time period from 1985 until 2002, Plaintiff never taught a class during his employment as Defendant (Exhibit "F" Plaintiffs Deposition, p. 75, attached to Declaration of Lori Pack).

7. Plaintiff did not apply for an open position as a full time faculty member in 2000 (Exhibits "D" and Exhibit "F" Plaintiffs Deposition, p. 74-75, attached to Declaration of Lori Pack).

8. Plaintiff was terminated by the Defendant solely as a result of the cessation of funding of the project he had been working on (Exhibit "G", affidavit of Donald Weidner dated November 13, 2006 attached to Declaration of Lori Pack).

9. The sole basis for this lawsuit is that Plaintiff believes he was terminated because he did not adhere to the "philosophy of research" of the scientists employed by the Defendant (Exhibit "F" Plaintiffs Deposition, p. 112-116, attached to Declaration of Lori
Pack).

10. Plaintiff believes that the public school system, institutions of higher education, and the National Science Foundation are all involved with the Defendant in a conspiracy to "blacklist conservative professors" throughout the United States (Exhibit "F" Plaintiffs Deposition, p. 144-147, attached to Declaration of Lori Pack).

Dated: Hauppauge, New York
November 16, 2006

Respectfully submitted,

ELIOT SPITZER
Attorney General of the
State of New York
Attorney for Defendant STONY BROOK

By ____________________

LORI L. PACK (LLP/8303)
Assistant Attorney General
300 Motor Parkway-Suite 205
Hauppauge, New York 11788
(631) 231-2177

To: Tibor Gasparik
Plaintiff pro se
352 Plad Blvd.
Holtsville, N.Y. 11742