| 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 67602(U) |
| Decided on May 22, 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: SMITH, J.P., 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 calendar preference and an expedited briefing schedule in the appeal taken herein from an order of the Supreme Court, Erie County, entered November 14, 2022, and plaintiff having cross-moved for an order dismissing the appeal,
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 calendar preference is denied, and
It is further ORDERED that the motion insofar as it seeks other relief is denied, and
It is further ORDERED that plaintiff's cross-motion to dismiss the appeal is denied without prejudice and leave to renew any arguments in support of or, in opposition to the cross motion in the briefs that remain outstanding and at oral argument.
Entered: May 22, 2023
Ann Dillon Flynn
Clerk of the Court