IN THE MATTER OF AGA OPERATING LLC, AS OPERATOR OF THE BROOK AT HIGH FALLS NURSING HOME AND REHABILITATION CENTER V
Motion No: TP 22-01354
Slip Opinion No: 2023 NY Slip Op 63141(U)
Decided on March 7, 2023
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.


March 7, 2023

PRESENT: SMITH, J.P., LINDLEY, BANNISTER, MONTOUR, AND GREENWOOD, JJ.

TP 22-01354

IN THE MATTER OF AGA OPERATING LLC, AS OPERATOR OF THE

BROOK AT HIGH FALLS NURSING HOME AND REHABILITATION CENTER,

PETITIONER,

V

HOWARD A. ZUCKER, M.D., J.D., AND MARY T. BASSETT, M.D.,

M.P.H, RESPONDENTS.


Respondents having moved for leave to amend their answer and to file and serve a supplemental record on the proceeding transferred to this Court by order of the Supreme Court, Monroe County, dated June 9, 2022,

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

It is hereby ORDERED that respondents' motion insofar as it seeks leave to amend the answer and to file and serve a supplemental administrative record is granted on the condition that the answer and supplemental record are filed and served in accordance with this Court's rules on or before March 10, 2023, and

It is further ORDERED that petitioner is granted leave to file a supplemental brief on the condition that any supplemental brief is filed on or before March 30, 2023, and

It is further ORDERED that respondents' brief must be filed and served in accordance with this Court's rules on or before May 1, 2023, and

It is further ORDERED that the proceeding is removed from the Court's day calendar for April 10, 2023 and is added to the calendar for the term of this Court commencing June 12, 2023.

Entered: March 7, 2023

Ann Dillon Flynn

Clerk of the Court