Documentation to "My Case"

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TIBOR GASPARIK,

Plaintiff,
……………………………………….......................................................…………..… DECLARATION
-against-

STONY BROOK UNIVERSITY,

Defendants.
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LORI L. PACK, an attorney duly admitted to practice law before the Courts of the State of New York, and specifically the United Sates District Court of the Eastern District of New York, declares the following under penalty of perjury:

1. I am an Assistant Attorney General in the office of Eliot Spitzer, New York State Attorney General, and I represent the Defendant in this matter.

2. This declaration and accompanying memorandum of law are submitted on behalf of Defendant in support of its motion for summary judgment pursuant to F.R.C.P. 56.

3. It is Defendant’s position that the plaintiff was, at all times, an “at-will employee” and was employed by the Defendant under a series of temporary grants received by the Defendant from the National Science Foundation for a particular research project. Upon the expiration of the last grant from the National Science Foundation for this project, Plaintiff’s employment ceased. The sole reason for the termination of Plaintiff’s employment was that, upon the expiration of the grant, the research project on which Plaintiff had been working was terminated and his position was eliminated.

4. The exhibits referred to in Defendant’s Statement of Undisputed Facts and memorandum of law are annexed hereto. They are:

Exhibit A - Complaint dated August 11, 2005.

Exhibit B - Amended Answer by Defendant dated September 9, 2005.

Exhibit C - Memoranda regarding the Defendant’s appointment of Plaintiff as a temporary employee on April 1, 1985.

Exhibit D - Memoranda regarding the termination of the Plaintiff’s position due to cessation of the grant form the National Science Foundation under which the Plaintiff had been employed.

Exhibit E - Memoranda relating to Defendant’s assistance to the Plaintiff in obtaining new employment.

Exhibit F - relevant pages from the transcript of the deposition of Plaintiff taken on February 2, 2006 and February 28, 2006.

Exhibit G - Affidavit of Don Weidner sworn to on November 16, 2006 in support of Defendant’s motion for summary judgment.

WHEREFORE, it is respectfully requested that this Court grant Defendant’s motion for summary judgment.

DATED: Hauppauge, New York
November 16, 2006

Respectfully submitted,

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

By: _________________________

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

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