UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK oan anon 2-2 22 $5 □□□ □□ □□□□□□□□□□□□□□□□□□□□□□□□□□□□□ Docket No.: 7:22-ev-09942 (NSR) JULETTE HINKSON, as Proposed Executor of the Estate of HILDA EDITHA GILL, Judge: Hon. Nelson S. Roman Plaintiff, ORDER TO REMAND -against- CABRINI OF WESTCHESTER d/b/a ST. CABRINI NURSING HOME, ABC CORPORATION, ABC PARTNERSHIP, Defendants. wane K

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 New York, Westchester County (index number 59212/2022), 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. SDNY SO ORDERED el □□ LECTRONICALLY FILED Dated: White Plains, NY fo ao March 18, 2025 —