Perez v Levy
Motion No: 2011-06267
Slip Opinion No: 2011 NY Slip Op 79105(U)
Decided on July 22, 2011
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M123480

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2011-06267

Nilsa Perez, et al., appellants,

v Steve Levy, etc., et al., respondents.

(Index No. 45318/10)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the respondents from taking any further action to close the John J. Foley Nursing Facility or to terminate skilled nursing services at that facility, including implementation of a New York State Department of Health Approval of Course Plan dated January 21, 2011, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated June 30, 2011, to deem the appendix filed in connection with a prior appeal, pending under Appellate Division Docket No. 2011-01674, to be the appendix for this appeal and to permit this appeal to be perfected with a supplemental appendix containing only the notice of appeal, and the order, and for an expedited briefing schedule and a preference in the calendaring of the appeal.

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

ORDERED that the motion is denied.

ANGIOLILLO, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court