ANTONELLA RUTH, AS ADMINISTRATRIX OF THE ESTATE OF LUCIA CONSIGLIO, DECEASED V ELDERWOOD AT AMHERST, ELDERWOOD AT
Motion No: CA 22-00069
Slip Opinion No: 2022 NY Slip Op 70582(U)
Decided on August 23, 2022
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.


August 23, 2022

PRESENT: SMITH, J.P., PERADOTTO, NEMOYER, AND BANNISTER, JJ.

CA 22-00069

ANTONELLA RUTH, AS ADMINISTRATRIX OF THE ESTATE OF LUCIA

CONSIGLIO, DECEASED, PLAINTIFF-APPELLANT,

V

ELDERWOOD AT AMHERST, ELDERWOOD AT WILLIAMSVILLE,

4459 BAILEY AVENUE OPERATING COMPANY, LLC, 4459 BAILEY

AVENUE, LLC, 200 BASSETT ROAD OPERATING COMPANY,

200 BASSETT ROAD, LLC, POST ACUTE PARTNERS MANAGEMENT, LLC,

JEFFREY RUBIN, D.M.D., AND WARREN COLE,

DEFENDANTS-RESPONDENTS.


Appellant having moved for permission to file a sur-reply brief on the appeal taken herein from an order of the Supreme Court, Erie County, entered August 5, 2021,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice to the submission of an additional citation as a post-argument submission, pursuant to 22 NYCRR 1000.15 (e).

Entered: August 23, 2022

Ann Dillon Flynn

Clerk of the Court