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QUERCIA v. SILVER LAKE NURSING HOME, INC.

2017-09767, 2017-09768, Index No. 100130/05.

176 A.D.3d 1244 (2019)

111 N.Y.S.3d 67

2019 NY Slip Op 07803

Maryann Quercia, Appellant, v. Silver Lake Nursing Home, Inc., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 30, 2019.

Attorney(s) appearing for the Case

Law Offices of Dennis J. Kelly, P.C. (Arnold E. DiJoseph, P.C., New York, NY, of counsel), for appellant.

Rubin Paterniti Gonzalez Kaufman LLP, New York, NY (Courtney A. Bihn of counsel), for respondent.

Rivera, J.P., Cohen, Hinds-Radix and Maltese, JJ., concur.

Ordered that the appeal from the first order is dismissed, without costs or disbursements, as no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701[a][2]), and we decline to grant leave to appeal, as the appeal from that order has been rendered academic in light of our determination of the appeal from the second order; and it is further,

Ordered that the second order is reversed insofar as appealed from, on the...

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