Jon Flemming Individually and as Administrator of the Estate of Elizabeth Lagai Deceased on Behalf of Himself and All Others Similarly Situated v Barnwell Nursing Home and Health Facilities Inc. Caroline Ahlfors Mouris; Paul Macari.



Jon Flemming Individually and as Administrator of the Estate of Elizabeth Lagai Deceased on Behalf of Himself and All Others Similarly Situated v Barnwell Nursing Home and Health Facilities Inc. Caroline Ahlfors Mouris; Paul Macari.
Motion No: 504328
Slip Opinion No: 2009 NYSlipOp 61089(U)
Decided on January 5, 2009
Appellate Division, Third Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.



Decided and Entered: January 5, 2009

Case # 504328


JON FLEMMING, Individually and
as Administrator of the Estate of
ELIZABETH LAGAI, Deceased,
on Behalf of Himself and All Others
Similarly Situated,

Respondent,

v
BARNWELL NURSING HOME
AND HEALTH FACILITIES,
INC.,

Defendant.
CAROLINE AHLFORS
MOURIS,

Appellant;
PAUL MACARI,

Respondent.


DECISION AND ORDER
ON MOTION

Motion for reargument or, in the alternative, for permission to appeal to the Court of Appeals

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, without costs.
MERCURE, J.P., PETERS, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court