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STATE OF NEW YORK v. MAPPA

10658/2007

24 Misc.3d 1149 (2009)

880 N.Y.S.2d 853

STATE OF NEW YORK, Plaintiff, v. BARUCH MAPPA et al., Jointly and Severally as Former Operators of SEAPORT MANOR HOME FOR ADULTS, Defendants.

Supreme Court, Kings County.

Decided June 2, 2009.

Attorney(s) appearing for the Case

O'Connell & Aronowitz, P.C., Albany (Jeffrey J. Sherrin of counsel), for defendants.

Andrew M. Cuomo, Attorney General, New York City (Seth Farber of counsel), for plaintiff.

OPINION OF THE COURT

MARTIN M. SOLOMON, J.

This motion presents the curious question of whether the Second Department caused defendants to suffer an undue hardship by ruling in their favor.

The procedural posture in which this matter arises is unusual. This action is ancillary to a prior action in which a receiver was appointed, pursuant to Social Services Law § 461-f (4), to operate an adult home facility. In this action the State of New York...

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