On June 14, 2021 a
Request for Judicial Intervention
was filed
involving a dispute between
Albert Young Individually And As Executor Of The Estate Of Lula Stevens,
Albert Young
Individually And As Executor Of The Estate Of Lula Stevens,
Ardith E Bulmahn Individually And As Administratix Of The Estate Of Lula Stevens,
Ardith E Bulmahn
Individually And As Administratix Of The Estate Of Lula Stevens,
Brenda Barnes Individually And As Administratix Of The Estate Of John Anthony Dobbins,
Brenda Barnes
Individually And As Administratix Of The Estate Of John Anthony Dobbins,
David Janusz Individually And As Co-Executor Of The Estate Of Leocadia Franusiak,
David Janusz
Individually And As Co-Executor Of The Estate Of Leocadia Franusiak,
Denise Clay Individually And As Administratix Of The Estate Of Randall Clay,
Denise Clay
Individually And As Administratix Of The Estate Of Randall Clay,
Diane Antkowiak Individually And As Co-Executor Of The Estate Of Leocadia Franusiak,
Diane Antkowiak
Individually And As Co-Executor Of The Estate Of Leocadia Franusiak,
Thaddeus C Tomaka Individually And As Executor Of The Estate Of Randall Clay,
Thaddeus C Tomaka
Individually And As Executor Of The Estate Of Randall Clay,
Thaddeus C Tomaka
Individually And Executor Of The Estate Of Lillian Tomaka,
Velpo Johnson Iii Individually And As Executor Of The Estate Of Willie Lee Stewart,
Velpo Johnson Iii
Individually And As Executor Of The Estate Of Willie Lee Stewart,
and
Aryeh Richard Platschek,
Golden Living Centers Llc,
Jennifer G. Flannery, Erie County Public Administrator Of The Estate Of Wendy Hammond A K A Wendy Zacher Hammond A K A Wendy Zacher-Schmidt,
John Does 1-200,
Judy Landa,
Laura Zacher Otterbein,
Legacy Health Care Llc,
Moshe Steinberg,
Ridge View Manor Llc,
Robert Schuck,
Safire Care, Llc,
Safire Nursing And Rehabilitation Care Of Amherst, Llc,
Safire Rehabilitation Of Amherst, Llc,
Sheridan Manor Llc,
Solomon Abramczyk,
Williamsville Suburban Llc,
W Richard Zacher,
W Richard Zacher A K A Richard Zacher,
for Commercial - Contract
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/14/2021
COVER SHEET REV 20091109
Ill i ll
ERIE COUNTY CLERKS OFFICE
Clerk's Page Book: 165 Page: 5201
County Recording
Return To: Page count: 4
Doc Type: RJI-SCANNED
Rec Date: 08/31/2010
Rec Time: 03:45:22 PM
Control #: 2010155424
1: User ID: sara
Party
REQUEST FOR JUDICIAL INTERVENTION Trans Num: 943047
DEED SEQ:
MTG SEQ:
Party 2:
UCC:
SCAR:
INDEX:
Recording Fees: Consideration Amount: $0.00
BASIC $0.00
SONYMA $0.00
STATE COURT $95 FEE $95.00 ADDL $0.00
NFTA MT $0.00
TRANSFER $0.00
NFTA TT $0.00
Total: $95.00
STATE OF NEW YORK
ERIE COUNTY CLERK"S OFFICE
COURT DOCUMENT SCANNED TO
CREATE ELECTRONIC RECORD
Kathleen C. Hochul
County Clerk,
Clerk for ErieCounty
Supreme&County Courts
1 of 4
FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/14/2021
REQUEST FOR JUDICIAL INTERVENTION (Rev 1/2000)
INDEX NO_ I 2010-003907
SUPREME COURT : ERIE COUNTY PURCHASED April 15, 2010 For Clerk Only
PLAINTIFFS: For Clerk Only
RANDALL CLAY, and on behalf of allother similarly situated
FILED IAS Entry Date
DEFENDANTS: 08/31/2010/ 15:45:22
ERIE COUNTY CLERK
Judge Assigned
RIDGE VIEW MANOR NURSING HOI
WILLIAMSVILLE SUBURBAN, LLC,
WILLIAMSVILLE VIEW MANOR NURSING HOME '
RJi Date
SHERIDAN MANOR, LLC,
LEGACY HEALTH CARE, LLC, RICK ZACHER
JOHN DOES 1-200
Date Issue Joined N/A Billof Particulars served (Y/N): O Yes No
..... _. _. __
................... ....,,......................
._...._
NATURE OF JUDICIAL INTERVENTION (check
Request for preliminary canfersñce O Order ex parte application (specify)
Note of issue and/or certificateof readiness
)
Notice of Motion (return dateTBDetermined) Notice of Petition(return date )
Relief sought: An Order dismissing all claims Relief sought:
ade by class members for alleged violations of C Notice of medical or dental malpractice
Public Health Law 42801-d and allegations of action (specify)
negligence which fall outside of the statute of O Statement of Net Worth
limitations and dismissing plaintiffssecond cause of Writ of Habeas Corpus
action for fraud as a matter of law.
Order to Show Cause C Other (specify)
(clerk enter return date )
NATURE OF ACTION OR PROCEEDING (check ONE box only)
TORTS
MATRIMONIAL MALPRACTICE
O Contested -CM O Medical/Podiatric -MM
Uncontested -UM O Dental -DM
CO MERCIAL O *Other Professional -OPM
Contract -CONT ¤ Motor Vehicle -MV
Corporate -CORP D *Products Liability -PL
Insurance (where insurer isa C Environmental -EN
party,except arbitration) -INS Asbestos -ASB
UCC (including sales, -UCC O Breast Implant -BI
negotiable instruments) O *Other Negligence (slipand fall) -OTN
D *Other Commercial -OC *Other Tort (including intentional) -OT
*Ifasterisk used, please specify further.
"YES" "NO"
Check or for each of the following questions.
isthis action/proceeding against a
YES NO YES NO
Municipality: Public Authority
(specify) (specify)
2 of 4
FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/14/2021
YES NO
O Does thisaction/proceedi;7g seek equitable relief?
O Does thisactiüñ|picceeding seek recovery for personal injury?
O Does thisacticñ|proceeding seek recovery for property damage?
Pre-Note Tirne Frames:
[This applies to all cases except contested matrimonials and tax certiorari cases)
Estimated time period forcase to be ready for trial
(from of
filing RJI to filingof Note of Issue):
O Expedited 0-8 Months Standard: 12-15 Months S Comp!ex: 13-15 months
CONTESTED MATRIMONIAL CASES ONLY: (Check and give date)
Has summons been served? O No O Yes, Date
Was a Notice of No Necessity filed? No Yes, Date
ATTORNEYS FOR PLAINTIFFS:
NAME ADDRESS PHONE
Brown Chiari LLP 5775 Broadway
681-7190
(Donald P. Chiari, Esq.) Lancaster, New York 14086
ATTORNEYS FOR DEFENDANTS:
NAME ADDRESS PHONE
The Avant - Suite 1200
Building
200 Delaware Avenue
Buffalo, New York 14202
Damon Morey LLP
(Attorneys forDefendants 856-5500
(PatrickB. Curran, Esq.) Ridgeview Manor, LLC, Williamsville Suburban, LLC,
Williamsville View Manor Nursing Home, Sheridan Manor, LLC)
69 Delaware Avenue, Suite 900
Buffalo, New York 14202-3866
Gibson, McAskill & Crosby, LLP
(Attorneys forDefendants 856-4200
(Norman B. Jr.,
Viti, Esq.) Legacy Healthcare, LLC and Rick Zacher)
INSURANCE CARRIERS: Medical Malpractice insurance Pool of New York State
OneBeacon Professional Partners
Physicians'
Reciprocal insurers
"NONE"
RELATED CASES: (Ifnone, write below)
NONE
I AFFIRM UNDER PENALTY OF PERJURY THAT, TO MY KNOWL , OTHER THAN AS NOTED ABOVE,
THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDI S, N R HAS A REQUEST FOR JUD!C!AL
INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCE IN
Dated: August 30, 2010
(SIGNATURE)
Patrick B. Curran __
(PRINT OR TYPE NAME)
(Attorney For) Defendants Ridqeview Manor, LLC,
Williamsville Suburban, LLC,
Williamsville View Manor Nursing Home,
Sheridan Manor, I,LC
ATTACH RIDER SHEETS IF NECESSARY TO PROVIDE RECtUIRED INFORMATION
3 of 4
FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010
NYSCEF DOC.. NO. 2 RECEIVED NYSCEF: 06/14/2021
.
Commercial Division Certification
[Excerptfrom Rules and Practices
forcases assignedto the Commercial
Division,Supreme Court,Erie County]
case," is as
The definitionofa "commercial as determined by theCommercial Division of Supreme Court,
follows:
All business and commercial disputes in which the amount at issueexceeds
$50,000,* exclusive of punitive and and exclusive
damages, costs, attomey fees;
of non-commercial non-commercial or non-
any claims, cross-claims,
commercial counterclaims.
Ifa commercial casedoes not meet the mûñctary threshold butmay be especiallysuited toresolution inthe
Commercial Division, a motion may be made tothe presidingJudge ofthe Division, on noticeto opposing counsel,
to waive said monetary threshold.
* It should from timeto time
be noted that the dollar
amount a case as Commercial
at issue to qualify may be changed
in order
to adjust
the workloadof the Court.
PLEASE CHECK APPROPRIATE BOX AND RETURN WITH RJI
I hereby certifythat I have read the Rules of the Supreme Court, Commercial Division, Erie
County and have dctcrñ1ined thatin thematter of_Clay vs.Ridge View Manor. et al.(classaction,
Index No. _I2010-003907, the amount incontroversy is$50,000 ormore and otherwise qüânñcs
forassignment tothe Commercial Division.
O I hereby certifythat I have read the Rules of the Supreme Court, CGramercial Division, Erie
County and have determined that inthe matter of_
Index No. , theamount in controversy is$50,000 or more, but thatthe matter does
not qualify for as4 scñt to the Commercial Division (e.g.,insurance coverage disputes,
including no-faultmatters).
O I hereby certifythat I have read the Rules of the Supreme Court, Commercial Division, Erie
County and have determined that inthe matter of ,
Index No. , theamount in controversy is below $50,000 and does not otherwise
qualify forassignment tothe Commercial Division.
O I hereby certifythat Ihave read the Rules of the Commercial Division of Erie County Supreme
Court and although the matter of ,
Index No. ,does not meet the $50,000 threshold for :r n nt to the
monetary
Corññiercial Division, Ihave requested and been granted a waiver by theCourt of themõñetary
threshold requirement.
O I hereby certifythat Ihave read the Cdi:1inca for Assignment of Commercial Tax Certiorari
proceedings to Commercial Division of Erie County Supreme and thiscommercial tax
certiorariproceeding should be assigned to theCarGmercial Di ion. he equalized fullvaluation
of thesubject realproperty is $1,000,000 or more.
Attorney Signature:
Print Name: Patrick B. Curran
Attorney for : RIDGE VIEW MANOR NURSING
HOME, WILLIAMSVILLE SUBURBAN,
LLC,WILLIAMSVILLE VIEW MANOR
NURSING HOME,SHERIDAN MANOR,
LLC and JOHN DOES, as may apply.
Rev. 10/2007
4 of 4
Preview
FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/14/2021 COVER SHEET REV 20091109 Ill i ll ERIE COUNTY CLERKS OFFICE Clerk's Page Book: 165 Page: 5201 County Recording Return To: Page count: 4 Doc Type: RJI-SCANNED Rec Date: 08/31/2010 Rec Time: 03:45:22 PM Control #: 2010155424 1: User ID: sara Party REQUEST FOR JUDICIAL INTERVENTION Trans Num: 943047 DEED SEQ: MTG SEQ: Party 2: UCC: SCAR: INDEX: Recording Fees: Consideration Amount: $0.00 BASIC $0.00 SONYMA $0.00 STATE COURT $95 FEE $95.00 ADDL $0.00 NFTA MT $0.00 TRANSFER $0.00 NFTA TT $0.00 Total: $95.00 STATE OF NEW YORK ERIE COUNTY CLERK"S OFFICE COURT DOCUMENT SCANNED TO CREATE ELECTRONIC RECORD Kathleen C. Hochul County Clerk, Clerk for ErieCounty Supreme&County Courts 1 of 4 FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/14/2021 REQUEST FOR JUDICIAL INTERVENTION (Rev 1/2000) INDEX NO_ I 2010-003907 SUPREME COURT : ERIE COUNTY PURCHASED April 15, 2010 For Clerk Only PLAINTIFFS: For Clerk Only RANDALL CLAY, and on behalf of allother similarly situated FILED IAS Entry Date DEFENDANTS: 08/31/2010/ 15:45:22 ERIE COUNTY CLERK Judge Assigned RIDGE VIEW MANOR NURSING HOI WILLIAMSVILLE SUBURBAN, LLC, WILLIAMSVILLE VIEW MANOR NURSING HOME ' RJi Date SHERIDAN MANOR, LLC, LEGACY HEALTH CARE, LLC, RICK ZACHER JOHN DOES 1-200 Date Issue Joined N/A Billof Particulars served (Y/N): O Yes No ..... _. _. __ ................... ....,,...................... ._...._ NATURE OF JUDICIAL INTERVENTION (check Request for preliminary canfersñce O Order ex parte application (specify) Note of issue and/or certificateof readiness ) Notice of Motion (return dateTBDetermined) Notice of Petition(return date ) Relief sought: An Order dismissing all claims Relief sought: ade by class members for alleged violations of C Notice of medical or dental malpractice Public Health Law 42801-d and allegations of action (specify) negligence which fall outside of the statute of O Statement of Net Worth limitations and dismissing plaintiffssecond cause of Writ of Habeas Corpus action for fraud as a matter of law. Order to Show Cause C Other (specify) (clerk enter return date ) NATURE OF ACTION OR PROCEEDING (check ONE box only) TORTS MATRIMONIAL MALPRACTICE O Contested -CM O Medical/Podiatric -MM Uncontested -UM O Dental -DM CO MERCIAL O *Other Professional -OPM Contract -CONT ¤ Motor Vehicle -MV Corporate -CORP D *Products Liability -PL Insurance (where insurer isa C Environmental -EN party,except arbitration) -INS Asbestos -ASB UCC (including sales, -UCC O Breast Implant -BI negotiable instruments) O *Other Negligence (slipand fall) -OTN D *Other Commercial -OC *Other Tort (including intentional) -OT *Ifasterisk used, please specify further. "YES" "NO" Check or for each of the following questions. isthis action/proceeding against a YES NO YES NO Municipality: Public Authority (specify) (specify) 2 of 4 FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/14/2021 YES NO O Does thisaction/proceedi;7g seek equitable relief? O Does thisactiüñ|picceeding seek recovery for personal injury? O Does thisacticñ|proceeding seek recovery for property damage? Pre-Note Tirne Frames: [This applies to all cases except contested matrimonials and tax certiorari cases) Estimated time period forcase to be ready for trial (from of filing RJI to filingof Note of Issue): O Expedited 0-8 Months Standard: 12-15 Months S Comp!ex: 13-15 months CONTESTED MATRIMONIAL CASES ONLY: (Check and give date) Has summons been served? O No O Yes, Date Was a Notice of No Necessity filed? No Yes, Date ATTORNEYS FOR PLAINTIFFS: NAME ADDRESS PHONE Brown Chiari LLP 5775 Broadway 681-7190 (Donald P. Chiari, Esq.) Lancaster, New York 14086 ATTORNEYS FOR DEFENDANTS: NAME ADDRESS PHONE The Avant - Suite 1200 Building 200 Delaware Avenue Buffalo, New York 14202 Damon Morey LLP (Attorneys forDefendants 856-5500 (PatrickB. Curran, Esq.) Ridgeview Manor, LLC, Williamsville Suburban, LLC, Williamsville View Manor Nursing Home, Sheridan Manor, LLC) 69 Delaware Avenue, Suite 900 Buffalo, New York 14202-3866 Gibson, McAskill & Crosby, LLP (Attorneys forDefendants 856-4200 (Norman B. Jr., Viti, Esq.) Legacy Healthcare, LLC and Rick Zacher) INSURANCE CARRIERS: Medical Malpractice insurance Pool of New York State OneBeacon Professional Partners Physicians' Reciprocal insurers "NONE" RELATED CASES: (Ifnone, write below) NONE I AFFIRM UNDER PENALTY OF PERJURY THAT, TO MY KNOWL , OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDI S, N R HAS A REQUEST FOR JUD!C!AL INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCE IN Dated: August 30, 2010 (SIGNATURE) Patrick B. Curran __ (PRINT OR TYPE NAME) (Attorney For) Defendants Ridqeview Manor, LLC, Williamsville Suburban, LLC, Williamsville View Manor Nursing Home, Sheridan Manor, I,LC ATTACH RIDER SHEETS IF NECESSARY TO PROVIDE RECtUIRED INFORMATION 3 of 4 FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010 NYSCEF DOC.. NO. 2 RECEIVED NYSCEF: 06/14/2021 . Commercial Division Certification [Excerptfrom Rules and Practices forcases assignedto the Commercial Division,Supreme Court,Erie County] case," is as The definitionofa "commercial as determined by theCommercial Division of Supreme Court, follows: All business and commercial disputes in which the amount at issueexceeds $50,000,* exclusive of punitive and and exclusive damages, costs, attomey fees; of non-commercial non-commercial or non- any claims, cross-claims, commercial counterclaims. Ifa commercial casedoes not meet the mûñctary threshold butmay be especiallysuited toresolution inthe Commercial Division, a motion may be made tothe presidingJudge ofthe Division, on noticeto opposing counsel, to waive said monetary threshold. * It should from timeto time be noted that the dollar amount a case as Commercial at issue to qualify may be changed in order to adjust the workloadof the Court. PLEASE CHECK APPROPRIATE BOX AND RETURN WITH RJI I hereby certifythat I have read the Rules of the Supreme Court, Commercial Division, Erie County and have dctcrñ1ined thatin thematter of_Clay vs.Ridge View Manor. et al.(classaction, Index No. _I2010-003907, the amount incontroversy is$50,000 ormore and otherwise qüânñcs forassignment tothe Commercial Division. O I hereby certifythat I have read the Rules of the Supreme Court, CGramercial Division, Erie County and have determined that inthe matter of_ Index No. , theamount in controversy is$50,000 or more, but thatthe matter does not qualify for as4 scñt to the Commercial Division (e.g.,insurance coverage disputes, including no-faultmatters). O I hereby certifythat I have read the Rules of the Supreme Court, Commercial Division, Erie County and have determined that inthe matter of , Index No. , theamount in controversy is below $50,000 and does not otherwise qualify forassignment tothe Commercial Division. O I hereby certifythat Ihave read the Rules of the Commercial Division of Erie County Supreme Court and although the matter of , Index No. ,does not meet the $50,000 threshold for :r n nt to the monetary Corññiercial Division, Ihave requested and been granted a waiver by theCourt of themõñetary threshold requirement. O I hereby certifythat Ihave read the Cdi:1inca for Assignment of Commercial Tax Certiorari proceedings to Commercial Division of Erie County Supreme and thiscommercial tax certiorariproceeding should be assigned to theCarGmercial Di ion. he equalized fullvaluation of thesubject realproperty is $1,000,000 or more. Attorney Signature: Print Name: Patrick B. Curran Attorney for : RIDGE VIEW MANOR NURSING HOME, WILLIAMSVILLE SUBURBAN, LLC,WILLIAMSVILLE VIEW MANOR NURSING HOME,SHERIDAN MANOR, LLC and JOHN DOES, as may apply. Rev. 10/2007 4 of 4