Note:  This reply was not accepted by the Court but will be displayed for completeness.

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

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RALPH H. SPEKEN AND STEPHANIE Z. SPEKEN,
As Co-Administrators of the Estate of Seth B.
SPEKEN, deceased, and RALPH H. SPEKEN and
STEPHANIE Z. SPEKEN, Individually,

         Plaintiffs,

                                                                                               SURREPLY

                           - against-

COLUMBIA PRESBYTERIAN MEDICAL CENTER
"JOHN DOE", and "JANE DOE", (true identities
unknown, being doctors, nurses, residents, interns, and
other medical or technical personnel who rendered
services to the decedent at the COLUMBIA
PRESBYTERIAN MEDICAL CENTER),

         Defendants.

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RALPH H. SPEKEN, M.D. and STEPHANIE Z. SPEKEN, depose and

say the following under penalty of perjury:

1. Item 2 of Defendantís Reply Affirmation In Support of Motion

for Dismissal of Action seeks to blunt the significance of the Hospitalís actions

in our sonís death. It is not an "allegation" or a

"position" that criminality was causal in Sethís death, but

rather fact. He died due to restraining that is specifically barred by State

law. Breaking a law is defined as crime (Pltf. Reply to Notice of Motion,

Item 27).

2. In Item 3, Defendant then asserts that "the Court was not obligated

to reiterate every argument plaintiffs made."

This position is wrong. Given the fact that crime had been committed, it

certainly was the duty of the Court to thoroughly investigate, adjudicate,

and document its findings.

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