NOTICE OF APPEAL (Motion #1) *Corrected* Notice of Appeal of Decision, Order, and Judgment (No. 37)

--- Page 1 --- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TOMPKINS ------------------------------------------------------------------- X In the Matter of the Application of JOHN DOE, Petitioner, FOR A JUDGMENT PURSUANT TO ARTICLE 78 AND SECTION 3001 OF THE CPLR -against- CORNELL UNIVERSITY, Respondent. : : : : : : : : : : : : : : Index No. EF2026-0292 NOTICE OF APPEAL (Motion Seq. No. 001) ------------------------------------------------------------------- X PLEASE TAKE NOTICE that Petitioner John Doe, by and through his undersigned attorneys, hereby appeals to the Appellate Division of the Supreme Court of the State of New York, Third Department, from each and every part of the Decision, Order, and Judgment of the Supreme Court, Tompkins County (Hon. Mark G. Masler) dated September 23, 2026, and entered September 23, 2026 (the “Order”) with the Clerk of the Court. A true and correct copy of the Order with Notice of Entry, and an initial Informational Statement, are attached as Exhibits A and B, respectively. Dated: New York, New York September 25, 2026 BUSHELL, SOVAK, KANE & SASH LLP By: Alan E. Sash 274 Madison Avenue, Suite 1401 New York, New York 10016 Tel: (212) 949-4700 [email protected] Attorneys for Petitioner John Doe FILED: TOMPKINS COUNTY CLERK 09/25/2026 11:44 AM INDEX NO. EF2026-0292 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 09/25/2026 1 of 2 --- Page 2 --- To (via NYSCEF): Clerk of the Court Supreme Court, Tompkins County 320 N. Tioga St. Ithica, New York 14851 Adam G. Pence, Esq. ATTORNEYS FOR RESPONDENT CORNELL UNIVERSITY OFFICE OF GENERAL COUNSEL 118 Sage Place Ithica, New York 14850 FILED: TOMPKINS COUNTY CLERK 09/25/2026 11:44 AM INDEX NO. EF2026-0292 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 09/25/2026 2 of 2