| ANNE MACKIEWICZ, AS EXECUTRIX OF THE ESTATE OF PAUL O. JESSEN, DECEASED V AUTUMN VIEW HEALTH CARE FACILITY, AUTUMN VIEW |
| Motion No: CA 23-00306 |
| Slip Opinion No: 2023 NY Slip Op 65396(U) |
| Decided on April 10, 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. |
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
CA 23-00306
| ANNE MACKIEWICZ, AS EXECUTRIX OF THE ESTATE OF PAUL
O. JESSEN, DECEASED, PLAINTIFF-RESPONDENT, V AUTUMN VIEW HEALTH CARE FACILITY, AUTUMN VIEW HEALTH
CARE FACILITY, LLC, THE MCGUIRE GROUP, INC., VESTRA SPVI, LLC, AND VESTRA SPV2, LLC,
DEFENDANTS-APPELLANTS. |
Appellants having moved for a stay of proceedings, including discovery, and for a calendar preference in the appeal taken herein from an order of the Supreme Court, Erie County, entered November 14, 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 the motion insofar as it seeks a stay of proceedings is denied without prejudice to a motion pursuant to CPLR 2201 in Supreme Court (Rhodes v Mosher, 115 AD2d 351 [4th Dept 1985]), and
It is further ORDERED that the motion insofar as it seeks a calendar preference is dismissed as premature.
Entered: April 10, 2023
Ann Dillon Flynn
Clerk of the Court