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

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.
SIRS:
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
Jdaniels38@aol.com
/s/HERBERT L. GREENMAN
_________________
HERBERT L. GREENMAN, ESQ.
Counsel for Defendant
EUGENE GOSY
Office and Post Office Address
42 Delaware Avenue
Buffalo, New York 14202
(716) 849-1333
hgreenman@lglaw.com

Case 1:16-cr-00046-FPG-HKS Document 9 Filed 06/13/16 Page 2 of 8

TO:

GEORGE BURGASSER, ESQ.

MAURA ODONNELL, ESQ.
ELIZABETH RUSSO MOELLERING, ESQ.
ASSISTANT UNITED STATES ATTORNEY
138 Delaware Avenue
Buffalo, New York 14202

Case 1:16-cr-00046-FPG-HKS Document 9 Filed 06/13/16 Page 3 of 8

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK
______________________________________
UNITED STATES OF AMERICA,
Plaintiff,

AFFIDAVIT

v.
EUGENE GOSY
Defendant.
______________________________________
STATE OF NEW YORK
)
COUNTY OF ERIE
SS:
CITY OF BUFFALO
)
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. Gosys bail
in order to avoid a significant health care crisis from occurring in the Western New York
area.
3. At Dr. Gosys arraignment, United States Magistrate Judge H. Kenneth
Schroeder set various conditions for Dr. Gosys 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. Gosys arraignment and the setting of conditions of bail,
Dr. Gosys practice treated thousands of patients for chronic pain. Additionally, Dr.
Gosys knowledge of pain management issues is unique explaining why the staff relied on
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Case 1:16-cr-00046-FPG-HKS Document 9 Filed 06/13/16 Page 4 of 8

his special experience and abilities to treat pain management patients.

5. Dr. Gosys practice was the largest pain management practice in Western
New York.
6. Shortly after Dr. Gosys 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 offices 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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Case 1:16-cr-00046-FPG-HKS Document 9 Filed 06/13/16 Page 5 of 8

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 offices patients, the office will likely close as staff is leaving as
patient numbers are declining.
15. According to Dr. Milch, Dr. Gosys 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. Gosys practice including Dr. Gosys 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. Gosys 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. Milchs 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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Case 1:16-cr-00046-FPG-HKS Document 9 Filed 06/13/16 Page 6 of 8

complex medical problems requiring Dr. Gosys expertise.

22. As a result of Dr. Milchs concern in recognizing the potential emergency
which may occur, deponents reached out to the United States Attorneys Office for the
Western District of New York expressing their legitimate concerns.
23. Deponents asked the government to consent to modification of Dr. Gosys
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. Gosys bail conditions accordingly.

DATED: June 13, 2016

Buffalo, New York
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
Jdaniels38@aol.com
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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Case 1:16-cr-00046-FPG-HKS Document 9 Filed 06/13/16 Page 7 of 8

/s/HERBERT L. GREENMAN
_________________
HERBERT L. GREENMAN, ESQ.
Counsel for Defendant
EUGENE GOSY
Office and Post Office Address
42 Delaware Avenue
Buffalo, New York 14202
(716) 849-1333
hgreenman@lglaw.com
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

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

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

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 ODONNELL, ESQ.
ELIZABETH RUSSO MOELLERING, ESQ.
ASSISTANT UNITED STATES ATTORNEY
138 Delaware Avenue
Buffalo, New York 14202

DATED:

Buffalo, New York

June 13, 2016
/s/Elizabeth M. Jagord-Ward

Elizabeth M. Jagord-Ward