STOVCSIK, CHRISTINE A. v. CONESUS LAKE NURSING HOME, LLC

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 12-01073 PRESENT: CENTRA, J.P., FAHEY, CARNI, LINDLEY, AND WHALEN, JJ.

CHRISTINE ANDOLINA-STOVCSIK, ALSO KNOWN AS CHRISTINA A. STOVCSIK, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF MARY ANDOLINA, ALSO KNOWN AS MARY K. ANDOLINA, DECEASED, PLAINTIFF-APPELLANT, V MEMORANDUM AND ORDER CONESUS LAKE NURSING HOME, LLC, BRENDA ROBINSON, LPN, BETHANY LEVEN, RN, PAULETTE PFUNTER, LPN, LINDA CLARK, RN, BEVERLY FELDER, RN, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)

CELLINO & BARNES, P.C., BUFFALO (BRIAN A. GOLDSTEIN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

HARTER SECREST & EMERY LLP, ROCHESTER (RICHARD E. ALEXANDER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order (denominated decision and order) of the Supreme Court, Livingston County (Robert B. Wiggins, A.J.), entered May 2, 2012. The order denied plaintiff’s motion to compel discovery of certain documents.

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

Same Memorandum as in Andolina-Stovcsik v Conesus Lake Nursing Home, LLC ([appeal No. 1] ___ AD3d ___ [Apr. 26, 2013]).

Entered: April 26, 2013 Frances E. Cafarell Clerk of the Court