PRESENT: FAHEY, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.

DOCKET NO. CA 14-01354
DOCKET NO. CA 14-01356

AINSWORTH M. BENNETT, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF VIRGINIA R. BENNETT, DECEASED, PLAINTIFF-APPELLANT, V ST. JOHN'S HOME AND ST. JOHN'S HEALTH CARE CORPORATION, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) AINSWORTH M. BENNETT, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF VIRGINIA R. BENNETT, DECEASED, PLAINTIFF-APPELLANT, V ST. JOHN'S HOME AND ST. JOHN'S HEALTH CARE CORPORATION, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

AARP, Long Term Care Community Coalition, MFY Legal Services and Disability Rights New York having moved for permission to file and serve a brief as amici curiae on the appeals taken herein from an order and an order and judgment of Supreme Court entered in the Office of the Clerk of the County of Monroe on November 22, 2013, and January 28, 2014, and

Respondents having cross-moved for denial of the aforementioned motion, for permission to file and serve a response to AARP, Long Term Care Community Coalition, MFY Legal Services and Disability Rights New York's brief amici curiae, and for other relief,

Now, upon reading and filing the affidavit of Andrew B. Strickland, Esq., sworn to October 13, 2014, the affirmation of David H. Fitch, Esq., dated October 23, 2014, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that AARP, Long Term Care Community Coalition, MFY Legal Services and Disability Rights New York's motion is granted, insofar as it seeks permission to file and serve a brief amicus curiae, on the condition that the brief is filed and served in accordance with this Court's rules on or before November 20, 2014, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondents' cross motion is denied.

Entered: November 5, 2014

Frances E. Cafarell, Clerk