Opinion
2012-06-6
Nilsa PEREZ, et al., appellants, v. Steve LEVY, et al., respondents.
Anton J. Borovina, Melville, N.Y., and Paul Sabatino II, Huntington Station, N.Y., for appellants (one brief filed). Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, N.Y. (Joseph E. Macy of counsel), for respondents.
Anton J. Borovina, Melville, N.Y., and Paul Sabatino II, Huntington Station, N.Y., for appellants (one brief filed). Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, N.Y. (Joseph E. Macy of counsel), for respondents.
In an action, inter alia, for a judgment declaring that Suffolk County Administrative Code § A9–6, commonly known as the Mary Hibberd Law, applies to the defunding and closure of the John J. Foley Skilled Nursing Facility, the plaintiffs appealfrom an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated February 17, 2011, which denied their motion to preliminarily enjoin the defendants from proceeding with plans to close the John J. Foley Skilled Nursing Facility.
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
The appeal from the order dated February 17, 2011, denying the plaintiffs' motion to preliminarily enjoin the defendants from proceeding with plans to close the John J. Foley Skilled Nursing Facility, must be dismissed as academic, in light of our determination in Perez v. Levy, 96A.D.3d 729, 946 N.Y.S.2d 184, 2012 WL 2016257 [Appellate Division Docket No. 2011–06267, decided herewith].