SUNRISE NURSING HOME INC PLAINTIFF RESPONDENT v. APPEAL NO (2013)

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

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.)

CA 13–00709

Decided: November 15, 2013

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.

FINOCCHIO & ENGLISH, SYRACUSE (VINCENT J. FINOCCHIO, JR., OF COUNSEL), FOR DEFENDANT–APPELLANT. M. ANGELO GENOVA, III, NEW YORK CITY, FOR PLAINTIFF–RESPONDENT.

MEMORANDUM AND ORDER

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] ).

Frances E. Cafarell

Clerk of the Court

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