dr. gosy motion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

Plaintiff,

NOTICE OF MOTION

Indictment 16-CR-00046-FPG-HKS

v.

EUGENE GOSY

Defendants.

S I R S :

PLEASE TAKE NOTICE that upon the annexed affidavit of Joel L. Daniels, Esq.

and Herbert L. Greenman, Esq., attorneys for defendant Eugene Gosy, the defense moves this

Court for an order modifying the conditions of bail as set forth in the affidavit annexed hereto

and made a part hereof together with such other and further relief as to this Court may deem just

and proper.

DATED: Buffalo, New York

June 13, 2016

Respectfully submitted,

/s/JOEL L. DANIELS

_________________

JOEL L. DANIELS, ESQ.

Counsel for Defendant

EUGENE GOSY

Office and Post Office Address

42 Delaware Avenue

Buffalo, New York 14202

(716) 489-1333

[email protected]

/s/HERBERT L. GREENMAN

_________________

HERBERT L. GREENMAN, ESQ.


EUGENE GOSY


42 Delaware Avenue


(716) 849-1333

[email protected]

Case 1:16-cr-00046-FPG-HKS Document 9 Filed 06/13/16 of 8

mailto:[email protected]


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TO: GEORGE BURGASSER, ESQ.

MAURA O’DONNELL, ESQ.

ELIZABETH RUSSO MOELLERING, ESQ.

ASSISTANT UNITED STATES ATTORNEY

138 Delaware Avenue



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______________________________________


Plaintiff,

v.

EUGENE GOSY

Defendant.

______________________________________

STATE OF NEW YORK )

COUNTY OF ERIE SS:

CITY OF BUFFALO )

AFFIDAVIT

JOEL L. DANIELS and HERBERT L. GREENMAN being duly sworn depose and says:

1. Deponents are the attorneys for the defendant Dr. Eugene Gosy. Jesse

Baldwin is co-counsel.

2. The instant motion seeks modification of the conditions of Dr. Gosy’s bail

in order to avoid a significant health care crisis from occurring in the Western New York

area.

3. At Dr. Gosy’s arraignment, United States Magistrate Judge H. Kenneth

Schroeder set various conditions for Dr. Gosy’s release including:

The defendant is prohibited from practicing medicine in which

he could be prescribing medications, and requesting that other

physicians prescribe medications on his behalf. These

medications would include schedules II through V controlled

substances.

4. At the time of Dr. Gosy’s arraignment and the setting of conditions of bail,

Dr. Gosy’s practice treated thousands of patients for chronic pain. Additionally, Dr.

Gosy’s knowledge of pain management issues is unique explaining why the staff relied on


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his special experience and abilities to treat pain management patients.

5. Dr. Gosy’s practice was the largest pain management practice in Western

New York.

6. Shortly after Dr. Gosy’s arraignment, his office was forced to close

creating wide spread problems and panic among many of his patients who were unable to

obtain appropriate treatment and medication to alieve their chronic pain symptoms.

7. Thousands of his office’s patients needed immediate treatment and

medication refills as a result of their chronic pain disorders.

8. Other pain management doctors were largely unavailable; emergency

rooms routinely turned the patients away.

9. Many of these issues were well reported in local media outlets including

the Buffalo News. (see attached)

10. The conditions of release further precluding Dr. Gosy from actively

participating in the treatment of patients, leaving, as set forth above, thousands of patients

untreated, for, among other things, their chronic pain issues.

11. Attempting to avoid a health care crisis, three prominent physicians agreed

to monitor this practice and assist in the treatment of chronic pain patients.

12. Doctors Nancy Nielson, Robert A. Milch and Christopher Kerr made

efforts to work with mid-level providers including nurse practitioners and physician

assistants in order to maintain patient treatment and to keep the practice open for 75 days

or less or until the disposition of the practice could be determined.

13. Recently, deponents were contacted by Dr. Milch who expressed his


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concerns that the practice remains at grave risk of closing within the next several weeks.

14. Dr. Milch advised that unless Dr. Gosy is allowed more active participation

in the treatment of his office’s patients, the office will likely close as staff is leaving as

patient numbers are declining.

15. According to Dr. Milch, Dr. Gosy’s patients and staff depend on him for

his ability, experience and skills in treatment of these chronic pain sufferers including

performance of such non-pharmalogic pain relieving procedures.

16. Dr. Milch further explained that Dr. Gosy should be permitted to treat

patients and collaborate with nurse practitioners and physician assistants in establishing a

treatment plan for these patients.

17. To assuage any potential concerns by the court, Dr. Milch has agreed to

monitor Dr. Gosy’s practice including Dr. Gosy’s individual examination and treatment of

patients, until such time as disposition of the practice can be ascertained.

18. Dr. Gosy will not write any prescriptions for controlled substances.

19. Dr. Milch believes that without Dr. Gosy’s participation, the practice will

close causing, in his words, “a veritable tsunami of many thousands of these patients who

will flood a community inadequately resourced or prepared to manage the collateral

human damage caused by that action, worsening its already critical drug management

problem.” (See Dr. Milch’s Affidavit attached).

20. Simply put, with the office closed, thousands of chronic pain patients will

be without treatment.

21. Dr. Milch has also advised that many of the office patients suffer from


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complex medical problems requiring Dr. Gosy’s expertise.

22. As a result of Dr. Milch’s concern in recognizing the potential emergency

which may occur, deponents reached out to the United States Attorney’s Office for the

Western District of New York expressing their legitimate concerns.

23. Deponents asked the government to consent to modification of Dr. Gosy’s

bail conditions.

24. Deponents have now been advised that the government will not consent to

this request.

WHEREFORE, deponents request that this Court grant the relief set forth herein

and modify Dr. Gosy’s bail conditions accordingly.

DATED: June 13, 2016

Buffalo, New York

Respectfully submitted,

/s/JOEL L. DANIELS

_________________

JOEL L. DANIELS, ESQ.


EUGENE GOSY


42 Delaware Avenue


(716) 489-1333

[email protected]

Sworn to before me this 13th day

of June, 2016

/s/Elizabeth M. Jagord-Ward

__________________________

Notary Public, State of New York

Qualified in Erie County

My Commission Expires October 31, 2018



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/s/HERBERT L. GREENMAN

_________________

HERBERT L. GREENMAN, ESQ.


EUGENE GOSY


42 Delaware Avenue


(716) 849-1333

[email protected]

Sworn to before me this 13th day

of June, 2016


__________________________

Notary Public, State of New York

Qualified in Erie County

My Commission Expires October 31, 2018



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Plaintiff,

Indictment 16-CR-00046-FPG-HKS

v.

EUGENE GOSY

Defendants.

CERTIFICATE OF SERVICE

I hereby certify that on 6/13/16 I electronically filed the foregoing on Behalf of the

Interested parties with the Clerk of the District Court using the CM/ECF system.

I hereby certify that on 6/13/16 a copy of the foregoing was also delivered to the following

using the CM/ECF System.

TO: GEORGE BURGASSER, ESQ.

MAURA O’DONNELL, ESQ.

ELIZABETH RUSSO MOELLERING, ESQ.

ASSISTANT UNITED STATES ATTORNEY

138 Delaware Avenue


DATED: Buffalo, New York

June 13, 2016


Elizabeth M. Jagord-Ward


dr. gosy motion

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