Sunrise Nursing Home, Inc. v Ferris
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Sunrise Nursing Home, Inc. v Ferris
2013 NY Slip Op 07642
Released on November 15, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on November 15, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.
1206 CA 13-00709
[*1]SUNRISE NURSING HOME, INC., PLAINTIFF-RESPONDENT,
v
MARION FERRIS, ALSO KNOWN AS MARION WALLIS, DEFENDANT-RESPONDENT, DOROTHY ROSE, INDIVIDUALLY AND AS POWER OF ATTORNEY FOR MARION FERRIS, ALSO KNOWN AS MARION WALLIS, DEFENDANT, AND STANLEY FERRIS, INDIVIDUALLY AND AS POWER OF ATTORNEY FOR MARION FERRIS, ALSO KNOWN AS MARION WALLIS, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Oswego County (James W. McCarthy, J.), entered July 18, 2012. The order denied in part the motion of defendant Stanley Ferris, individually and as power of attorney for Marion Ferris, also known as Marion Wallis, to dismiss certain causes of action against him.
FINOCCHIO & ENGLISH, SYRACUSE (VINCENT J. FINOCCHIO, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
M. ANGELO GENOVA, III, NEW YORK CITY, FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that said appeal from the order with respect to the first and second causes of action is unanimously dismissed and the order is modified on the law by vacating the third, seventh, and eighth ordering paragraphs and as modified the order is affirmed without costs.
Released on November 15, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.
1206 CA 13-00709
[*1]SUNRISE NURSING HOME, INC., PLAINTIFF-RESPONDENT,
v
MARION FERRIS, ALSO KNOWN AS MARION WALLIS, DEFENDANT-RESPONDENT, DOROTHY ROSE, INDIVIDUALLY AND AS POWER OF ATTORNEY FOR MARION FERRIS, ALSO KNOWN AS MARION WALLIS, DEFENDANT, AND STANLEY FERRIS, INDIVIDUALLY AND AS POWER OF ATTORNEY FOR MARION FERRIS, ALSO KNOWN AS MARION WALLIS, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Oswego County (James W. McCarthy, J.), entered July 18, 2012. The order denied in part the motion of defendant Stanley Ferris, individually and as power of attorney for Marion Ferris, also known as Marion Wallis, to dismiss certain causes of action against him.
FINOCCHIO & ENGLISH, SYRACUSE (VINCENT J. FINOCCHIO, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
M. ANGELO GENOVA, III, NEW YORK CITY, FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that said appeal from the order with respect to the first and second causes of action is unanimously dismissed and the order is modified on the law by vacating the third, seventh, and eighth ordering paragraphs and as modified the order is affirmed without costs.
Same Memorandum as in Sunrise Nursing Home, Inc. v Ferris ([appeal No. 1] ___ AD3d ___ [Nov. 15, 2013]).
Entered: November 15, 2013
Frances E. Cafarell
Clerk of the Court
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