Bennett v St. John's Home & St. John's Health Care Corp.

Bennett v St. John's Home & St. John's Health Care Corp. 2015 NY Slip Op 03951 Decided on May 8, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 8, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., CARNI, SCONIERS, AND WHALEN, JJ.
200.1 CA 14-01354

[*1]AINSWORTH M. BENNETT, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF VIRGINIA R. BENNETT, DECEASED, PLAINTIFF-APPELLANT,

v

ST. JOHN'S HOME AND ST. JOHN'S HEALTH CARE CORPORATION, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)

Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered November 22, 2013. The order granted defendants' motion for summary judgment dismissing the complaint.

DAVID E. WOODIN, LLC, CATSKILL (DAVID E. WOODIN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

UNDERBERG & KESSLER LLP, ROCHESTER (MARGARET E. SOMERSET OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

ANDREW B. STRICKLAND, WASHINGTON, DC, FOR AARP FOUNDATION LITIGATION, LONG TERM CARE COMMUNITY COALITION, MFY LEGAL SERVICES, INC. AND DISABILITY RIGHTS NEW YORK, AMICUS CURIAE.

It is hereby ORDERED that said appeal is dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy , 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts , 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).

Entered: May 8, 2015

Frances E. Cafarell

Clerk of the Court