On June 14, 2021 a
No Value
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. 4 RECEIVED NYSCEF: 06/14/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF trie
Denise awlasAdministratrix
Clay,Imhvakndly TluddrmC X
ofthel½te of Randall
Clay; Index No.
andasExecutor
oftheEstate
of1illianTomaka;
AlbertYoung, 12010/3907
Tomaka,
Individually Individually
andasExecutor
oftheEstate
ofLulaStevens;
Brenda
Barnes, andasAdmimstratrix
Individually Assigned Judge: FrederickJ Marshall..I.S.C.
NonoftheEstate
DeBonus ofJohnAnthony VelpoJohnson,
Dobbins; andas
III, individually g
Executor
oftheEstate
ofWillieLeeStewait;
DianeAntkowiak
andDavidanusz,
Indmdtmily
oftheEstate
andasCo-Executors of Plaintiff(s)/Petitioner(s) Letter Application to Convert
Leocadia andonbehalf
Franusiak; ofallothersimilaily
situated,
Pending Action to E-Filing
- against -
Ridge View Manor, LLC; Williamsville
Suburban,LLC; Legacy
Health Care, LLC; W. Richard Zacher; and John Does I-200
Defendant/Respondent(s).
-------------------------------------__----_.-------X
Torts - Other Negligence
Case Type:
I,Nicole T.C.Marques n, a party in this matter, counsel in good standing representing a
party in this matter, and/or counsel admitted pro hac vice, hereby respectfully request that
the Court authorize the use of the New York State Courts Electronic Filing System ("NYSCEF")
in this case and direct the County Clerk to convert this matter to electronic form pursuant to
202.5-b(b)(2)(iv) of the Uniform Rules of the Trial Courts.
Pursuant to 202.5-b(b)(2)(iv), I have attached proof of service of this letter application
to allparties. Upon receipt of notification of the conversion of this matter to electronic form
by the County Clerk, I will serve allparties with a notice_of conversion to e-filingform and willfile
proof of that service via NYSCEF.
Dated: 06/10/2021
Attorney Pro Hac [O] Party (unrepresented) [O]
'
Signatur : Print Name: Nicole I.C.Marques Q
- Party): Plaintiffs
Attorney Representing (ldentify
Firm Name: Brown Chiari LLP n Address: 2470 Walden Avenue D
E-mail: nmaraues ciabrownchiari.com n Phone#: (716)681-7190 0
----------------..----..------------------------------------------------------------------------------
FOR COURT USE:
[ X]application is APPROVED; and the County Clerk is directed to convert thismatter to electronic form.
[ ] application is ÏUT APPROVED; is directed to notify the applicant.
Dated: June 14, 2021
Hon
Frederic(J. Marshall, JSC
ÓF- 8
1 of 5
FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/14/2021
STATE OF NEW YORK :
SUPREME COURT :
DENISE CLAY, Individually and as Administratrix of the
Estate of RANDALL CLAY; THADDEUS C. TOMAKA,
Individually and as Executor of the Estate of LILLIAN
TOMAKA; ALBERT YOUNG , Individually and as
Executor of the Estate of LULA STEVENS; BRENDA
BARNES, Individually and
as Administratrix De Bonis Non of the Estate of JOHN
ANTHONY DOBBINS; VELPO JOHNSON, III,
Individually and as Executor of the Estate of WILLIE LEE
STEWART; DIANE ANTKOWIAK and
DAVID JANUSZ, Individually and as Co-Executors of the
Estate of LEOCADIA FRANUSIAK; and on behalf of all
others similarly situated,
Plaintiffs
vs. Affidavit of Service by Mail
RIDGE VIEW MANOR, LLC; WILLIAMSVILLE
SUBURBAN, LLC; LEGACY HEALTH CARE, LLC;
W. RICHARD ZACHER; and JOHN DOES 1-200
Defendants
STATE OF NEW YORK)
COUNTY OF ERIE) ss.:
DANIELLE H. HART, being duly sworn, deposes and says:
1. I am over eighteen (18) years of age and employed by the law firm of BROWN
CHIARI tee,2470 Walden Avenue, Buffalo, New York 14225-4751.
2. On the 10th day of June, 2021, I served a Letter Application to Convert Pending
Action to E-Filing with regard to the above-entitled matter upon Norman B. Viti, Jr., Esq., Gibson,
McAskill & Crosby, LLP, 69 Delaware Avenue, Suite 900, Buffalo, New York 14202, counsel for
-BROWN CHIARI RP -
2 of 5
FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/14/2021
- Page 2 -
Defendants, Legacy Health Care, LLC; W. Richard Zacher; and John Does 1-200, via certified
mail, return receipt requested, by depositing same in a post office official depository under the
exclusive care and custody of the United States Postal Service within the State of New York.
DANIELLE H. HART
Swom to before me this
10th day of June, 2021.
AA A
TERILYN J. JUREK
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 013U6172606
Qualified in Erie County
Commission Expires Aug. 13, 202
-BROWN CHIARI up -
3 of 5
FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/14/2021
STATE OF NEW YORK :
SUPREME COURT :
DENISE CLAY, Individually and as Administratrix of the
Estate of RANDALL CLAY; THADDEUS C. TOMAKA,
Individually and as Executor of the Estate of LILLIAN
TOMAKA; ALBERT YOUNG , Individually and as
Executor of the Estate of LULA STEVENS; BRENDA
BARNES, Individually and
as Administratrix De Bonis Non of the Estate of JOHN
ANTHONY DOBBINS; VELPO JOHNSON, III,
Individually and as Executor of the Estate of WILLIE LEE
STEWART; DIANE ANTKOWIAK and
DAVID JANUSZ, Individually and as Co-Executors of the
Estate of LEOCADIA FRANUSIAK; and on behalf of all
others similarly situated,
Plaintiffs
vs. Affidavit of Service by Mail
RIDGE VIEW MANOR, LLC; WILLIAMSVILLE
SUBURBAN, LLC; LEGACY HEALTH CARE, LLC;
W. RICHARD ZACHER; and JOHN DOES 1-200
Defendants
STATE OF NEW YORK)
COUNTY OF ERIE) ss.:
DANIELLE H. HART, being duly sworn, deposes and says:
1. I am over eighteen (18) years of age and employed by the law firm of BROWN
CHIARI LLP, 2470 Walden Avenue, Buffalo, New York 14225-4751.
2. On the 10th day of June, 2021, I served a Letter Application to Convert Pending
Action to E-Filing with regard to the above-entitled matter upon the Patrick B. Curran, Esq.,
Hurwitz & Fine, P.C., 1300 Liberty Building, Buffalo, New York 14202, counself for
-BROWN CHIARI us -
4 of 5
FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/14/2021
- Page 2 -
Defendants, Ridge View Manor, LLC and Williamsville Suburban, LLC, via certified mail,
return receipt requested, by depositing same in a post office official depository under the
exclusive care and custody of the United States Postal Service within the State of New York.
DANIELLE H. HART
Sworn to before me this
10th day of June, 2021.
TER1LYN J. JUREK
NOTARY PUBUC, STATEOF NEW YORK
Registration No.011U6172606
Qualified in Erie County
CommiMen Expires Aug. 13, 20
-BROWN CHIARI 1LP -
5 of 5
Preview
FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/14/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF trie Denise awlasAdministratrix Clay,Imhvakndly TluddrmC X ofthel½te of Randall Clay; Index No. andasExecutor oftheEstate of1illianTomaka; AlbertYoung, 12010/3907 Tomaka, Individually Individually andasExecutor oftheEstate ofLulaStevens; Brenda Barnes, andasAdmimstratrix Individually Assigned Judge: FrederickJ Marshall..I.S.C. NonoftheEstate DeBonus ofJohnAnthony VelpoJohnson, Dobbins; andas III, individually g Executor oftheEstate ofWillieLeeStewait; DianeAntkowiak andDavidanusz, Indmdtmily oftheEstate andasCo-Executors of Plaintiff(s)/Petitioner(s) Letter Application to Convert Leocadia andonbehalf Franusiak; ofallothersimilaily situated, Pending Action to E-Filing - against - Ridge View Manor, LLC; Williamsville Suburban,LLC; Legacy Health Care, LLC; W. Richard Zacher; and John Does I-200 Defendant/Respondent(s). -------------------------------------__----_.-------X Torts - Other Negligence Case Type: I,Nicole T.C.Marques n, a party in this matter, counsel in good standing representing a party in this matter, and/or counsel admitted pro hac vice, hereby respectfully request that the Court authorize the use of the New York State Courts Electronic Filing System ("NYSCEF") in this case and direct the County Clerk to convert this matter to electronic form pursuant to 202.5-b(b)(2)(iv) of the Uniform Rules of the Trial Courts. Pursuant to 202.5-b(b)(2)(iv), I have attached proof of service of this letter application to allparties. Upon receipt of notification of the conversion of this matter to electronic form by the County Clerk, I will serve allparties with a notice_of conversion to e-filingform and willfile proof of that service via NYSCEF. Dated: 06/10/2021 Attorney Pro Hac [O] Party (unrepresented) [O] ' Signatur : Print Name: Nicole I.C.Marques Q - Party): Plaintiffs Attorney Representing (ldentify Firm Name: Brown Chiari LLP n Address: 2470 Walden Avenue D E-mail: nmaraues ciabrownchiari.com n Phone#: (716)681-7190 0 ----------------..----..------------------------------------------------------------------------------ FOR COURT USE: [ X]application is APPROVED; and the County Clerk is directed to convert thismatter to electronic form. [ ] application is ÏUT APPROVED; is directed to notify the applicant. Dated: June 14, 2021 Hon Frederic(J. Marshall, JSC ÓF- 8 1 of 5 FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/14/2021 STATE OF NEW YORK : SUPREME COURT : DENISE CLAY, Individually and as Administratrix of the Estate of RANDALL CLAY; THADDEUS C. TOMAKA, Individually and as Executor of the Estate of LILLIAN TOMAKA; ALBERT YOUNG , Individually and as Executor of the Estate of LULA STEVENS; BRENDA BARNES, Individually and as Administratrix De Bonis Non of the Estate of JOHN ANTHONY DOBBINS; VELPO JOHNSON, III, Individually and as Executor of the Estate of WILLIE LEE STEWART; DIANE ANTKOWIAK and DAVID JANUSZ, Individually and as Co-Executors of the Estate of LEOCADIA FRANUSIAK; and on behalf of all others similarly situated, Plaintiffs vs. Affidavit of Service by Mail RIDGE VIEW MANOR, LLC; WILLIAMSVILLE SUBURBAN, LLC; LEGACY HEALTH CARE, LLC; W. RICHARD ZACHER; and JOHN DOES 1-200 Defendants STATE OF NEW YORK) COUNTY OF ERIE) ss.: DANIELLE H. HART, being duly sworn, deposes and says: 1. I am over eighteen (18) years of age and employed by the law firm of BROWN CHIARI tee,2470 Walden Avenue, Buffalo, New York 14225-4751. 2. On the 10th day of June, 2021, I served a Letter Application to Convert Pending Action to E-Filing with regard to the above-entitled matter upon Norman B. Viti, Jr., Esq., Gibson, McAskill & Crosby, LLP, 69 Delaware Avenue, Suite 900, Buffalo, New York 14202, counsel for -BROWN CHIARI RP - 2 of 5 FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/14/2021 - Page 2 - Defendants, Legacy Health Care, LLC; W. Richard Zacher; and John Does 1-200, via certified mail, return receipt requested, by depositing same in a post office official depository under the exclusive care and custody of the United States Postal Service within the State of New York. DANIELLE H. HART Swom to before me this 10th day of June, 2021. AA A TERILYN J. JUREK NOTARY PUBLIC, STATE OF NEW YORK Registration No. 013U6172606 Qualified in Erie County Commission Expires Aug. 13, 202 -BROWN CHIARI up - 3 of 5 FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/14/2021 STATE OF NEW YORK : SUPREME COURT : DENISE CLAY, Individually and as Administratrix of the Estate of RANDALL CLAY; THADDEUS C. TOMAKA, Individually and as Executor of the Estate of LILLIAN TOMAKA; ALBERT YOUNG , Individually and as Executor of the Estate of LULA STEVENS; BRENDA BARNES, Individually and as Administratrix De Bonis Non of the Estate of JOHN ANTHONY DOBBINS; VELPO JOHNSON, III, Individually and as Executor of the Estate of WILLIE LEE STEWART; DIANE ANTKOWIAK and DAVID JANUSZ, Individually and as Co-Executors of the Estate of LEOCADIA FRANUSIAK; and on behalf of all others similarly situated, Plaintiffs vs. Affidavit of Service by Mail RIDGE VIEW MANOR, LLC; WILLIAMSVILLE SUBURBAN, LLC; LEGACY HEALTH CARE, LLC; W. RICHARD ZACHER; and JOHN DOES 1-200 Defendants STATE OF NEW YORK) COUNTY OF ERIE) ss.: DANIELLE H. HART, being duly sworn, deposes and says: 1. I am over eighteen (18) years of age and employed by the law firm of BROWN CHIARI LLP, 2470 Walden Avenue, Buffalo, New York 14225-4751. 2. On the 10th day of June, 2021, I served a Letter Application to Convert Pending Action to E-Filing with regard to the above-entitled matter upon the Patrick B. Curran, Esq., Hurwitz & Fine, P.C., 1300 Liberty Building, Buffalo, New York 14202, counself for -BROWN CHIARI us - 4 of 5 FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/14/2021 - Page 2 - Defendants, Ridge View Manor, LLC and Williamsville Suburban, LLC, via certified mail, return receipt requested, by depositing same in a post office official depository under the exclusive care and custody of the United States Postal Service within the State of New York. DANIELLE H. HART Sworn to before me this 10th day of June, 2021. TER1LYN J. JUREK NOTARY PUBUC, STATEOF NEW YORK Registration No.011U6172606 Qualified in Erie County CommiMen Expires Aug. 13, 20 -BROWN CHIARI 1LP - 5 of 5