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Mackiewicz v. Autumn View Health Care Facility

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 17, 2023
221 A.D.3d 1524 (N.Y. App. Div. 2023)

Opinion

782 CA 23-00306

11-17-2023

Anne MACKIEWICZ, as Executor 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.

HARRIS BEACH PLLC, NEW YORK CITY (BRIAN D. GINSBERG OF COUNSEL), FOR DEFENDANTS-APPELLANTS. BROWN CHIARI, LLP, BUFFALO (ANDREA N. CONJERTI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.


HARRIS BEACH PLLC, NEW YORK CITY (BRIAN D. GINSBERG OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BROWN CHIARI, LLP, BUFFALO (ANDREA N. CONJERTI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

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

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: As limited by their brief, defendants appeal from an order that, inter alia, denied their motion insofar as it sought to dismiss the complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7). We conclude that the appeal must be dismissed inasmuch as that order was materially amended by a subsequent order (see Matter of Eric D. [appeal No. 1], 162 A.D.2d 1051, 1051, 559 N.Y.S.2d 156 [4th Dept. 1990] ), and we decline to exercise our discretion to treat the notice of appeal as one taken from the subsequent order (see Matter of Justeen T. , 17 A.D.3d 1148, 1148, 793 N.Y.S.2d 844 [4th Dept. 2005] ).


Summaries of

Mackiewicz v. Autumn View Health Care Facility

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 17, 2023
221 A.D.3d 1524 (N.Y. App. Div. 2023)
Case details for

Mackiewicz v. Autumn View Health Care Facility

Case Details

Full title:Anne MACKIEWICZ, as Executor of the Estate of Paul O. Jessen, Deceased…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Nov 17, 2023

Citations

221 A.D.3d 1524 (N.Y. App. Div. 2023)
198 N.Y.S.3d 468