MARGARET PASSUCCI, AS ADMINISTRATRIX OF THE ESTATE OF LUCILLE FIERLE, DECEASED, V ABSOLUT CENTER FOR NURSING AND
Motion No: 61-15
Slip Opinion No: 2015 NY Slip Op 72343(U)
Decided on May 1, 2015
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 1, 2015

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, AND WHALEN, JJ.

MOTION NO. 61-15
DOCKET NO. CA 14-00963

MARGARET PASSUCCI, AS ADMINISTRATRIX OF THE ESTATE OF

LUCILLE FIERLE, DECEASED, PLAINTIFF-RESPONDENT-APPELLANT,

V

ABSOLUT CENTER FOR NURSING AND REHABILITATION AT ALLEGANY,

LLC, ABSOLUT CENTER FOR NURSING AND REHABILITATION AT

AURORA PARK, LLC, ABSOLUT CENTER FOR NURSING AND

REHABILITATION AT DUNKIRK, LLC, ABSOLUT CENTER FOR NURSING

AND REHABILITATION AT EDEN, LLC, ABSOLUT CENTER FOR NURSING

AND REHABILITATION AT ENDICOTT, LLC, ABSOLUT CENTER FOR

NURSING AND REHABILITATION AT GASPORT, LLC, ABSOLUT CENTER

FOR NURSING AND REHABILITATION AT HOUGHTON, LLC, ABSOLUT

CENTER FOR NURSING AND REHABILITATION AT ORCHARD PARK, LLC,

ABSOLUT CENTER FOR NURSING AND REHABILITATION AT SALAMANCA,

LLC, ABSOLUT CENTER FOR NURSING AND REHABILITATION AT THREE

RIVERS, LLC, ABSOLUT CENTER FOR NURSING AND REHABILITATION

AT WESTFIELD, LLC, ABSOLUT FACILITIES MANAGEMENT, LLC,

ISRAEL SHERMAN, AND JOHN DOES 1-200, DEFENDANTS-APPELLANTS-

RESPONDENTS.


Defendants having moved for leave to appeal to the Court of Appeals from the order of this Court entered February 6, 2015,

Now, upon reading and filing the affidavit of Andrew P. Devine, Esq., sworn to March 27, 2015, the notice of motion with proof of service thereof, and the affidavit of Michael C. Scinta, Esq., sworn to April 3, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: May 1, 2015

Frances E. Cafarell, Clerk