CHRISTINE ANDOLINA-STOVCSIK ALSO KNOWN AS CHRISTINA A. STOVCSIK, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF
Motion No: CA 12-00527
Slip Opinion No: 2012 NY Slip Op 74179(U)
Decided on May 22, 2012
Appellate Division, Fourth 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.


May 22, 2012

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 12-00527

CHRISTINE ANDOLINA-STOVCSIK ALSO KNOWN AS

CHRISTINA A. STOVCSIK, INDIVIDUALLY AND AS

ADMINISTRATRIX OF THE ESTATE OF MARY ANDOLINA

ALSO KNOWN AS MARY K. ANDOLINA, DECEASED,

PLAINTIFF-APPELLANT,

V

CONESUS LAKE NURSING HOME, LLC,

BRENDA ROBINSON, LPN,

BETHANY LEVEN, RN,

PAULETTE PFUNTER, LPN,

LINDA CLARK, RN,

BEVERLY FELDER, RN,

JENNIFER GRAHAM, MD AND

TRI-COUNTY FAMILY MEDICINE,

DEFENDANTS-RESPONDENTS.


Respondents Conesus Lake Nursing Home, LLC, Brenda Robinson, Bethany Leven, Paulette Pfuntner, Linda Clarke, and Beverly Felder having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Livingston on February 22, 2012,

Now, upon reading and filing the affirmation of Richard E. Alexander, Esq., dated March 30, 2012, the notice of motion with proof of service thereof, and the affidavit of Brian A. Goldstein, Esq., sworn to April 5, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal because it is not ripe is granted to the extent that the appeal is dismissed without prejudice.

Entered: May 22, 2012

Frances E. Cafarell, Clerk