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MATTER OF JAMES v. VDRNC, LLC

235 CA 22-01270.

217 A.D.3d 1388 (2023)

190 N.Y.S.3d 720

2023 NY Slip Op 03115

In the Matter of Letitia James, Attorney General of State of New York, Respondent, v. VDRNC, LLC, Doing Business as Van Duyn Center for Rehabilitation and Nursing, Appellant, et al., Respondent.

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

O'CONNELL & ARONOWITZ, ALBANY (FRANCIS J. SMITH of counsel), FOR RESPONDENT-APPELLANT.

LETITIA JAMES, ATTORNEY GENERAL, NEW YORK CITY (MARGARET CIEPRISZ OF COUNSEL), FOR PETITIONER-RESPONDENT.

MANDELBAUM BARRETT PC, NEW YORK CITY (ANDREW GIMIGLIANO OF COUNSEL), FOR RESPONDENT.

HODGSON RUSS LLP, ALBANY (JANE BELLO BURKE of counsel), FOR NEW YORK STATE HEALTH FACILITIES ASSOCIATION, INC., AMICUS CURIAE.

Present—Smith, J.P., Lindley, Curran, Ogden and Greenwood, JJ.

Appeal from an order of the Supreme Court, Onondaga County (Gregory R. Gilbert, J.), entered August 3, 2022. The order granted the motion of petitioner seeking leave to reargue and, upon reargument, directed respondents to disclose certain documents.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In the course of investigating alleged instances of neglect and abuse at a skilled nursing facility operated...

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