Thomas Candella, as Proposed Administrator of the Estate of Sylvia Buro, Deceased v. Eger Health Care and Rehabilitation Center
| Thomas Candella, as Proposed Administrator of the Estate of Sylvia Buro, Deceased |
| Eger Health Care and Rehabilitation Center |
| 1:2023cv01086 |
| February 9, 2023 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Vera M Scanlon |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Defendant |
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Filing 10
Stipulation and Order of Remand to Supreme Court, Richmond County, case number 150247/2023. Ordered by Judge Frederic Block on 5/30/2023. (MI)
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| Filing 9 STIPULATION of Remand by Eger Health Care and Rehabilitation Center (Lawless, Megan) |
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ORDER: The motion at #4 is granted for the limited reason stated herein, denied as to others. The action is stayed because Plaintiff presently lacks the authority to act on behalf of the Estate, an argument raised by Defendant but not addressed by Plaintiff. See, e.g., Bryan v. Moor, 65 Misc.3d 649, 109 N.Y.S.3d 861 (Sup. Ct. Suffolk Cnty. 2019); Lambert v. Sklar, 30 A.D.3d 564, 817 N.Y.S.2d 378 (2d Dep't 2006); Muriel v. New York City Health & Hosps. Corp., 52 A.D.3d 792, 861 N.Y.S.2d 741 (2d Dep't 2008); N.Y. Est. Powers & Trusts Law 11-3.2. The time to move for a remand, to dismiss and/or to stay pending the outcome of Leroy and Rivera-Zayas is stayed until a proper representative of the Estate is appointed and appears. The parties will file a joint status letter on or before 6/1/2023. Ordered by Magistrate Judge Vera M. Scanlon on 3/6/2023. (MG)
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| Filing 8 REPLY in Support re #4 First MOTION to Stay and to Hold Motion Practice in Abeyance filed by Eger Health Care and Rehabilitation Center. (Lawless, Megan) |
| Filing 7 Letter in Response and Opposition to Defendant's Request to Stay Motion Practice by Thomas Candella, as Proposed Administrator of the Estate of Sylvia Buro, Deceased (Attachments: #1 Exhibit Judge Seibel Order, #2 Exhibit Judge Ross Order, #3 Exhibit Judge Garaufis Order, #4 Exhibit Judge Brown Remand Order) (Guzman, Jeffrey) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (SR) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SR) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to Vera M. Scanlon. (SR) |
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ELECTRONIC ORDER: Referring the defendant's letter application #4 to MJ SCANLON to decide. Ordered by Judge Frederic Block on 2/16/2023. (MI)
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| Filing 4 First MOTION to Stay and to Hold Motion Practice in Abeyance by Eger Health Care and Rehabilitation Center. (Attachments: #1 Exhibit Stay Orders) (Lawless, Megan) |
| Filing 3 NOTICE of Appearance by Megan A. Lawless on behalf of Eger Health Care and Rehabilitation Center (aty to be noticed) (Lawless, Megan) |
| Filing 2 NOTICE of Appearance by Brian M Andrews on behalf of Eger Health Care and Rehabilitation Center (aty to be noticed) (Andrews, Brian) |
| Filing 1 NOTICE OF REMOVAL by Eger Health Care and Rehabilitation Center from Supreme Court, Richmond County, case number 150247/2023. ( Filing fee $ 402 receipt number ANYEDC-16394438) (Attachments: #1 Exhibit Exhibit A - Summons and Complaint, #2 Exhibit Exh B - Service Accepted, #3 Exhibit Exh C - Martinez-Rivera - Brief for Defendants-Appellants, #4 Exhibit Exh D - Leroy - Brief obo Brookdale Hospital Defendants, #5 Exhibit Exh E - Leroy - Brief obo Mt. Sinai Hospital Defendants, #6 Exhibit Exh F - Leroy -2nd Circuit-Plaintiff's Brief in Leroy v. Hume, #7 Exhibit Exh G - Martinez Brief obo Pltf-Appellee, #8 Exhibit Exh H - Leroy - Reply Brief obo Defendants, #9 Exhibit Exh I - Leroy Reply Brief obo Co-Def, #10 Exhibit Exh J - Rivera-Zayas - Reply Brief, #11 Exhibit Exh K - Amicus Briefs pending before the Second Circuit, #12 Exhibit Exh L - chamber of Commerce AMA Amicus Brief, #13 Exhibit Exh M - Motion to File Amicus Curiae Brief & Proposed Amicus Brief, #14 Exhibit Exh N - US Statement of Interest (M.D. Tenn) Centeno, #15 Civil Cover Sheet Civil Cover Sheet) (Braverman, Dylan) |
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| Plaintiff: Thomas Candella, as Proposed Administrator of the Estate of Sylvia Buro, Deceased | |
| Represented By: | Jeffrey Alan Guzman |
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| Defendant: Eger Health Care and Rehabilitation Center | |
| Represented By: | Dylan C. Braverman |
| Represented By: | Brian M Andrews |
| Represented By: | Megan A. Lawless |
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