Bennett ex rel. Estate of Bennett v. St. John's Home & St. John's Health Care Corp.

Full title: AINSWORTH M. BENNETT, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF VIRGINIA…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jul 2, 2015

2015 N.Y. Slip Op. 78530 (N.Y. App. Div. 2015)

Opinion

MOTION NO. 200.2-15 DOCKET NO. CA 14-01356

07-02-2015

AINSWORTH M. BENNETT, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF VIRGINIA R. BENNETT, DECEASED, PLAINTIFF-APPELLANT, v. ST. JOHN'S HOME AND ST. JOHN'S HEALTH CARE CORPORATION, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

PERADOTTO, J.P., CARNI, SCONIERS, WHALEN, AND DEJOSEPH, JJ.

PRESENT:

Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered May 8, 2015,

Now, upon reading and filing the affirmation of David E. Woodin, Esq., dated May 27, 2015, the notice of motion with proof of service thereof, and the affirmation of David H. Fitch, Esq., dated June 12, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seeks reargument, and

It is further ORDERED that the motion insofar as its seeks leave to appeal to the Court of Appeals is granted, this Court being of the opinion that a question of law has arisen that ought to be reviewed by the Court of Appeals, and the following question is hereby certified: Was the order of this Court entered May 8, 2015, properly made?

Entered: July 2, 2015

Frances E. Cafarell, Clerk