UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK anna nnn nnn nnn nnn nnn nnn nnn nnn nnn nnn nn nnn nnn nnn nnn ---- XK Docket No.: 1:23-cv-00119- The Estate of DORA LEWIS, by her Proposed DNH-CFH Administrator, NATHANIEL LEWIS, Judge: David N. Hurd Plaintiff, -against- ORDER CLR TROY LLC d/b/a TROY CENTER FOR REHABILITATION AND NURSING, ABC CORPORATION, ABC PARTNERSHIP, Defendants.

UPON review of the Notice of Removal (ECF Doc. No. 1), together with all exhibits thereto, and in light of the Second Circuit’s decisions in Solomon v. St. Joseph Hosp.,

(2d Cir. 2023), Leroy v. Hume, No. 21-cv-2158,

(2d Cir. Apr. 13, 2023), and Rivera-Zayas v. Our Lady of Consolation Geriatric Care Ctr., No. 21-cv-2164,

(2d Cir. Apr. 13, 2023); NOW, it is hereby ordered as follows: 1. This matter is remanded to the Supreme Court of the State of Rensselaer, County (index number EF2022-272571), from which it was removed. 2. The Clerk is directed to return the file to the state court and close the case. 3. This remand shall be without costs to any party, and without prejudice to Defendant’s ability to assert the defenses of immunity and/or preemption under the federal Public Readiness and Emergency Preparedness Act, 42 U.S.C. $§ 247d-6d, 247d-6e. IT IS SO ORDERED:

David N fHurd U.S. District Judge