| usbe SDNY |) DOCUMENT IN THE UNITED STATES DISTRICT COURT cre onic ALLY □□□□□ | FOR THE eens SOUTHERN DISTRICT OF NEW YORK | capbae gboy. □□□ □ COPE SGD 7) 2o2 □□□ GERALD MITCHELL and SHARON OE □□ MITCHELL as Administrators of Estate of JERRY MITCHELL, Case No.: 7:22-cv-02357 Plaintiff, Judge: Hon. Nelson Stephen Roman -against- FPROPOSED] ORDER PARK VIEW OPERATING CO. LLC d/b/a WESTCHESTER CENTER FOR REHABILITATION & NURSING, WESTCHESTER CENTER FOR REHABILITATION & NURSING, ABC CORPORATION, ABC PARTNERSHIP, Defendants.

UPON review of the Notice of Removal (ECF Doc. No. 2), together with all exhibits thereto, this Court’s prior Orders dated April 6, 2022 (ECF Doc. No 6), and April 25, 2022 (ECF Doc. No 9), and the letter of Jeffrey T. Wolber dated April 24, 2023 (ECF Doc. No 17), 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 New York, Westchester County (index number 56825/2022), 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. em MO EN Dated: o\ 27], 2023 Hon. Nelson Stephen Roman | U S.b.d.