Preview
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021
Exhibit E
FILED::
[FjLED ERIE
ERIE COUNTY
COUNTY CLERK
CLERK 08/11/2021
01/05/2016 03:04
04: 22 PM
PMl
INDEX
INDEX NO.
NO. 003907/2010
800114/201 6
NYSCEF
NY CEF DOC.
DOC. NO.
NO. 14
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/11/2021
01/05/203 6
STATE OF NEW YORK :
SUPREME COURT : COUNTY OF ERIE
LULA STEVENS, and on behalf of all others similarly
situated,
Plaintiff,
SUMMONS
vs. Served with Complaint
Index #
WILLIAMSVILLE SUBURBAN, LLC
193 South Union Road
Williamsville, NY 14221
LEGACY HEALTH. CARE, LLC
193 South Union Road
Williamsville, New York 14221
W. RICHARD ZACHER
193 South Union Road
Williamsville, New York 14221
GOLDEN LIVING CENTF,RS, LLC
163 South Union Road
Williamsville, New York 14221
SAFFIRE NURSING & REHABILITATION
CARE OF AMHERST, LLC
163 South Union Road
Williamsville, New York 14221
SAFFIRE CARE, LLC
163 South Union Road
Williamsville, New York 14221
SOLOM.ON ABRAMCZYK
163 South Union Road
Williamsville, New York 14221
-BROWN CH.IARI us -
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NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021
Page 2 -
JUDY LANDA
163 South Union Road
Williamsville, New York 14221
LAURA ZACHER OTTERBEIN
163 South Union Road
Williamsville, NY 14221
ARYEH RICHARD PLATSCHEK
163 South Union Road
Williamsville, New York 14221
WENDY ZACHER SCHMIDT
163 South Union Road
Williamsville, NY 14221
ROBERT SCHUCK
163 South Union Road
Williamsville, New York 14221
MOSHE STEINBERG
163 South Union Road
Williamsville, New York 14221
JOHN DOES 1-200
Defendants.
To the above named Defendants:
YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiffs
attorneys, at the address stated below, a written Answer to the attached Complaint.
If this Summons is served upon you within the State of New York by personal service
you must respond within TWENTY (20) days after service, not counting the day of service. If
this Summons is not personally delivered to you within the State of New York you must respond
within THIRTY (30) days after service is completed, as provided by law.
BROWN CHIARI us -
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- Page 3 -
If you do not respond to the attached Complaint within the applicable time limitation
stated above, a Judgment will be entered against you, by default, for the relief demanded in the
Complaint, without further notice to you.
This action is brought in the County of Erie because of
[X] Plaintiffs residence or place of business;
Defendants'
[ ] residence; or
[ ] Designation made by Plaintiff.
DATED: Lancaster, New York
January 5, 2016
Michael C. Scinta, Esq. for
BROWN CHIARI u»
Attorneys for Plaintiffs
5775 Broadway
Lancaster, New York 14086-2360
(716) 681-7190
- BROWN CHIARIu -
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021
STATE OF NEW YORK :
SUPREME COURT : COUNTY OF ERIE
LULA STEVENS; and on behalf of all others similarly
situated,
Plaintiffs,
vs. COMPLAINT
Index #
WILLIAMSVILLE SUBURBAN, LLC;
LEGACY HEALTH CARE, LLC;
W. RICHARD ZACHER;
GOLDEN LIVING CENTERS, LLC;
SAFIRE REHABILITATION OF AMHERST, LLC;
SAFIRE NURSING AND REHABILITATION CARE
OF AMHERST, LLC;
SAFIRE CARE, LLC;
SOLOMON ABRAMCZYK;
JUDY LANDA;
LAURA ZACHER OTTERBEIN;
ARYEH RICHARD PLATSCHEK;
WENDY ZACHER SCHMIDT;
ROBERT SCHUCK;
MOSHE STEINBERG; and
JOHN DOES 1-200
Defendants.
Plaintiff LULA STEVENS ("Plaintiff"), by her attorneys, BROWN CHIARI us, for her
Complaint in the above-entitled action, states as follows:
1. LULA STEVENS, individually, and on behalf of all others sirnilarly situated as
the plaintiff, files this class action versus WILLIAMSVILLE SUBURBAN, LLC, LEGACY
-BROWN CHIARI up -
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Page 2 -
HEALTH CARE, LLC, W. RICHARD ZACHER, GOLDEN LIVING CENTERS, LLC,
SAFIRE REHABILITATION OF AMHERST, LLC, SAFIRE NURSING AND
REHABILITATION CARE OF AMHERST, LLC, SAFIRE CARE, LLC, SOLOMON
ABRAMCZYK, JUDY LANDA, LAURA ZACHER OTTERBEIN, ARYEH RICHARD
PLATSCHEK, WENDY ZACHER SCHMIDT, ROBERT SCHUCK, MOSHE STEINBERG,
and JOHN DOES 1-200 (hereinafter collectively referred to as "Defendants"), for damages
Defendants'
sustained as a result of violations of New York State Public Health Law §§2801-d,
et. seq., breach of contract, and negligence.
2. Plaintiff, above named, complaining of the Defendants, alleges for herself, and on
behalf of allothers similarly situated:
a. That LULA STEVF,NS, at all times herein mentioned, has been a resident of
the County of Erie, State of New York.
b. That LULA STEVENS is a resident of WILLIAMSVILLE SUBURBAN,
LLC, and, at all times herein mentioned, has been a resident of
WILLIAMSVILLE SUBURBAN, LLC.
3. That upon information and belief, defendant, WILLIAMSVILLE SUBURBAN,
LLC, was and still is a participant in Medicaid and Medicare programs and, as such, was
required to be in compliance with the federal requirements for long-term care as prescribed in the
U.S. Code of Federal Regulations, 42 CFR §483.
4. That upon information and belief, Defendant, WILLIAMSVILLE SUBURBAN,
LLC, was and still is a nursing home facility and/or domestic limited liability company, duly
-BROWN CHIARI up -
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organized and existing by virtue of the laws of the State of New York, with offices for the
transaction of business located at 193 South Union Road, Williamsville, New York 14221.
5, That upon information and belief, defendant, LEGACY HEALTH CARE, LLC,
was a participant in Medicaid and Medicare programs and, as such, was required to be in
compliance with the federal requirements for long-term care as prescribed in the U.S. Code of
Federal Regulations, 42 CFR §483.
6. That upon information and belief, Defendant, LEGACY HEALTH CARE, LLC,
was a domestic limited liability company, incorporated under the laws of the State of New York,
with offices at least at 193 South Union Road, Williamsville, New York 14221.
7. That upon information and belief, at all times mentioned herein, and at least
through on or about August 3, 2011, Defendant, LEGACY HEALTH CARE, LLC, was doing
business as WILLIAMSVILLE SUBURBAN, LLC.
8. That upon information and belief, at all times mentioned herein, and at least
through on or about August 3, 2011, Defendant, LEGACY HEALTH CARE, LLC, owned,
operated, managed, directed, administered, and/or assumed responsibility for a nursing home
facility doing business as WILLIAMSVILLE SUBURBAN, LLC, its agents, servants,
employees, and/or other resident care personnel.
9. Defendant, W. RICHARD ZACHER, at all times mentioned herein, and at least
through on or about August 3, 2011, was the president of LEGACY HEALTH CARE, LLC
10. That upon information and belief, at all times mentioned herein, Defendant, W.
RICHARD ZACHER owned, operated, managed, directed, administered, and/or assumed
- BROWN CHIARI up-
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—Pap>.r' 4-
responsibility for a nursing home facility doing business as WILl IAMSVILLE SUBUR.BAN.
LLC, itsagents, servants, employees, and/or other resident care personnel,
11. That upon information and belief, Defendant, W. RICHARD ZACHER, is and/or
was a controlling person of WILI IAMSVILLE SUBUR13AN, LLC, pursuant to New York State
Public I-Iealth Law (2808-a.
12. That upon information and belief., at al! times mentioned herein, Defendant,
GOI.,DEN LIVING CL'N'I'ERS, LLC, was a participant in Medicaid and Medicare programs and,
as such, was required to be in compliance with the federal requirements for long-term care as
prescribed in the U.S. Code of Federal Regulations, 42 CFR )483.
13. That upon information and belief, at all times mentioned herein, Defendant,
GOI.DLN LIVING CENTERS, LLC, was a domestic limited liability company, incorporated
under the laws of the State of New York, with offices at least at 716 Brisbane Building, Buffalo,
New York 14203.
14, That upon information and belief, at alltimes mentioned herein, and beginning at
least on or about August 3, 2011, Defendant, GOLDEN LIVING CENTERS, LLC, was doing
business as WII,I,IAMSVILLE SUBURBAN, LI,C.
15. That upon information and belief, at all times mentioned herein, and beginning at
least on or about August 3, 2011, Defendant, GOI.DEN LIVING CENTERS, LLC, owned,
operated, managed, directed, ~~+»blistered, and/or assumed responsibility for a nursing home
facility doing business as WILLIAMSVILI..E SUBURBAN, LI,C, its agents, servants,
employees, and/or other resident care personnel.
—141K)WN (:I-JIAI~I ~.Iz .
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16. That upon information and belief, at all times mentioned herein, Defendant,
SAFIRE REHABILITATION OF AMHERST, LLC, was a participant in Medicaid and
Medicare programs and, as such, was required to be in compliance with the federal requirernents
for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR §483.
17. That upon information and belief, Defendant, SAFIRE REHABILTTATION OF
AMHERST, LLC, is a domestic limited liability company incorporated under the laws of the
State of New York, with offices for the transaction of business located at 163 South Union Road,
Williamsville, New York 14221.
18. That upon information and belief, Defendant, SAFIRE REHABILITATION OF
AMHERST, LLC, was doing business as WILLIAMSVILLE SUBURBAN, LLC, and transacted
said business at 163 Union Road, Williamsville, New York 14221.
19. That upon information and belief, Defendant, SAFIRE REHABILITATION OF
AMHERST, LLC, owned, operated, managed, directed, administered, and/or assumed
responsibility for a nursing home facility doing business as WILLIAMSVILLE SUBURBAN,
LLC, itsagents, servants, employees, and/or other resident care personnel.
20. That upon information and belief, at all times mentioned herein, Defendant,
SAFIRE NURSING AND REHABILITATION CARE OF AMHERST, LLC, was a participant
in Medicaid and Medicare programs and, as such, was required to be in compliance with the
federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations,
42 CFR §483.
- BROWN CHIARI up -
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2 L That upon information and belief, Defendant, SAFIRE NURSING AND
REHABILITATION CARE OF AMHERST, LLC, is a domestic limited liability company
incorporated under the laws of the State of New York, with offices for the transaction of business
located at 163 South Union Road, Williamsville, New York 14221.
22. That upon information and belief, Defendant, SAFIRE NURSING AND
REHABILITATION CARE OF AMHERST, LLC, was doing business as WILLIAMSVILLE
SUBURBAN, LLC, and transacted said business at 163 Union Road, Williamsville, New York
14221.
23. That upon information and belief, Defendant, SAFIRE NURSING AND
REHABILITATION CARE OF AMHERST, LLC, owned, operated, managed, directed,
administered, and/or assumed responsibility for a nursing home facility doing business as
WILLIAMSVILLE SUBURBAN, LLC, its agents, servants, employees, and/or other resident
care personnel.
24. That upon information and belief, at all times mentioned herein, Defendant,
SAFIRE CARE, LLC, was a participant in Medicaid and Medicare programs and, as such, was
required to be in compliance with the federal requirements for long-term care as prescribed in the
U.S. Code of Federal Regulations, 42 CFR §483.
25. That upon information and belief, Defendant, SAFIRE CARE, LLC, is a domestic
limited liability company incorporated under the laws of the State of New York, with offices for
the transaction of business located at 163 South Union Road, Williamsville, New York 14221.
- BROWN CHIARI up
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- Page 7 -
26. That upon information and belief, Defendant, SAFIRE CARE, LLC, was doing
business as WILLIAMSVILLE SUBURBAN, LLC, and transacted said business at 163 Union
Road, Williamsville, New York 14221.
27. That upon information and belief, Defendant, SAFIRE CARE, LLC, owned,
operated, managed, directed, administered, and/or assumed responsibility for a nursing home
facility doing business as WILLIAMSVILLE SUBURBAN, LLC, its agents, servants,
employees, and/or other resident care personnel.
28. That upon information and belief, Defendant, SOLOMON ABRAMCZYK, is
and/or was an owner, operator, manager, director, administrator and/or assumed responsibility
for WILLIAMSVILLE SUBURBAN, LLC, itsagents, servants, employees, and/or other resident
care personnel.
29. That upon information and belief, Defendant, SOLOMON ABRAMCZYK, is
and/or was a controlling person of WILLIAMSVILLE SUBURBAN, LLC, pursuant to New
York State PublicHealth Law §2808-a.
30. That upon information and belief, Defendant, JUDY LANDA, is and/or was an
owner, operator, manager, director, administrator and/or assurned responsibility for
WILLIAMSVILLE SUBURBAN, LLC, its agents, servants, employees, and/or other resident
care personnel.
31. That upon information and belief, Defendant JUDY LANDA, is and/or was a
controlling person of WILLIAMSVILLE SUBURBAN, LLC, pursuant to New York State
Public Health Law §2808-a.
-BROWN CHIARI up -
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- Page 8 -
32. That upon information and belief, Defendant, LAURA ZACHER OTTERBEIN,
is and/or was an owner, operator, manager, director, administrator and/or assumed responsibility
for WILLIAMSVILLE SUBURBAN, LLC, itsagents, servants, employees, and/or other resident
care personnel.
33. That upon information and belief, Defendant, LAURA ZACHER OTTERBEIN,
is and/or was a controlling person of WILLIAMSVILLE SUBURBAN, LLC, pursuant to New
York State Public Health Law §2808-a.
34. That upon information and belief, Defendant, ARYEH RICHARD PLATSCHEK,
is and/or was an owner, operator, manager, director, administrator and/or assumed responsibility
for WILLIAMSVILLE SUBURBAN, LLC, its agents, servants, employees, and/or other resident
care personnel.
35. That upon information and belief, Defendant, ARYEH RICHARD PLATSCHEK,
is and/or was a controlling person of WILLIAMSVILLE SUBURBAN, LLC, pursuant to New
York State Public Health Law §2808-a.
36. That upon information and belief, Defendant, WENDY ZACHER SCHMIDT, is
and/or was an owner, operator, manager, director, administrator and/or assumed responsibility
for WILLIAMSVILLE SUBURBAN, LLC, its agents, servants, employees, and/or other resident
care personnel.
37. That upon information and belief, Defendant, WENDY ZACHER SCHMIDT, is
and/or was a controlling person of WILLIAMSVILLE SUBURBAN, LLC, pursuant to New
York State Public Health Law §2808-a.
- BROWN CHIARI m -
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NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021
- ')—
I'age;
38. That upon information and belief, Defendant, ROBFRT SCHUCK, is and/or was
an owner, operator, manager, director, administrator and/or assumed responsibility for
WILLIAMSVILLF.. SUBURBAN, LLC, its agents, servants, employees, and/or other resident
care personnel.
and/cn.
39. That upon information and belief, Defendant, ROBERT SCHUCK, is was
a controlling person of WILLIAMSVILLE SUBURBAN, LLC, pursuant to New York State
Public Health Law (2808-a.
40. That upon information and belief, Defendant, MOSHE STEINBERG, is and/or
was
Preview
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021 Exhibit E FILED:: [FjLED ERIE ERIE COUNTY COUNTY CLERK CLERK 08/11/2021 01/05/2016 03:04 04: 22 PM PMl INDEX INDEX NO. NO. 003907/2010 800114/201 6 NYSCEF NY CEF DOC. DOC. NO. NO. 14 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/11/2021 01/05/203 6 STATE OF NEW YORK : SUPREME COURT : COUNTY OF ERIE LULA STEVENS, and on behalf of all others similarly situated, Plaintiff, SUMMONS vs. Served with Complaint Index # WILLIAMSVILLE SUBURBAN, LLC 193 South Union Road Williamsville, NY 14221 LEGACY HEALTH. CARE, LLC 193 South Union Road Williamsville, New York 14221 W. RICHARD ZACHER 193 South Union Road Williamsville, New York 14221 GOLDEN LIVING CENTF,RS, LLC 163 South Union Road Williamsville, New York 14221 SAFFIRE NURSING & REHABILITATION CARE OF AMHERST, LLC 163 South Union Road Williamsville, New York 14221 SAFFIRE CARE, LLC 163 South Union Road Williamsville, New York 14221 SOLOM.ON ABRAMCZYK 163 South Union Road Williamsville, New York 14221 -BROWN CH.IARI us - FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021 Page 2 - JUDY LANDA 163 South Union Road Williamsville, New York 14221 LAURA ZACHER OTTERBEIN 163 South Union Road Williamsville, NY 14221 ARYEH RICHARD PLATSCHEK 163 South Union Road Williamsville, New York 14221 WENDY ZACHER SCHMIDT 163 South Union Road Williamsville, NY 14221 ROBERT SCHUCK 163 South Union Road Williamsville, New York 14221 MOSHE STEINBERG 163 South Union Road Williamsville, New York 14221 JOHN DOES 1-200 Defendants. To the above named Defendants: YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiffs attorneys, at the address stated below, a written Answer to the attached Complaint. If this Summons is served upon you within the State of New York by personal service you must respond within TWENTY (20) days after service, not counting the day of service. If this Summons is not personally delivered to you within the State of New York you must respond within THIRTY (30) days after service is completed, as provided by law. BROWN CHIARI us - FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021 - Page 3 - If you do not respond to the attached Complaint within the applicable time limitation stated above, a Judgment will be entered against you, by default, for the relief demanded in the Complaint, without further notice to you. This action is brought in the County of Erie because of [X] Plaintiffs residence or place of business; Defendants' [ ] residence; or [ ] Designation made by Plaintiff. DATED: Lancaster, New York January 5, 2016 Michael C. Scinta, Esq. for BROWN CHIARI u» Attorneys for Plaintiffs 5775 Broadway Lancaster, New York 14086-2360 (716) 681-7190 - BROWN CHIARIu - FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021 STATE OF NEW YORK : SUPREME COURT : COUNTY OF ERIE LULA STEVENS; and on behalf of all others similarly situated, Plaintiffs, vs. COMPLAINT Index # WILLIAMSVILLE SUBURBAN, LLC; LEGACY HEALTH CARE, LLC; W. RICHARD ZACHER; GOLDEN LIVING CENTERS, LLC; SAFIRE REHABILITATION OF AMHERST, LLC; SAFIRE NURSING AND REHABILITATION CARE OF AMHERST, LLC; SAFIRE CARE, LLC; SOLOMON ABRAMCZYK; JUDY LANDA; LAURA ZACHER OTTERBEIN; ARYEH RICHARD PLATSCHEK; WENDY ZACHER SCHMIDT; ROBERT SCHUCK; MOSHE STEINBERG; and JOHN DOES 1-200 Defendants. Plaintiff LULA STEVENS ("Plaintiff"), by her attorneys, BROWN CHIARI us, for her Complaint in the above-entitled action, states as follows: 1. LULA STEVENS, individually, and on behalf of all others sirnilarly situated as the plaintiff, files this class action versus WILLIAMSVILLE SUBURBAN, LLC, LEGACY -BROWN CHIARI up - FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021 Page 2 - HEALTH CARE, LLC, W. RICHARD ZACHER, GOLDEN LIVING CENTERS, LLC, SAFIRE REHABILITATION OF AMHERST, LLC, SAFIRE NURSING AND REHABILITATION CARE OF AMHERST, LLC, SAFIRE CARE, LLC, SOLOMON ABRAMCZYK, JUDY LANDA, LAURA ZACHER OTTERBEIN, ARYEH RICHARD PLATSCHEK, WENDY ZACHER SCHMIDT, ROBERT SCHUCK, MOSHE STEINBERG, and JOHN DOES 1-200 (hereinafter collectively referred to as "Defendants"), for damages Defendants' sustained as a result of violations of New York State Public Health Law §§2801-d, et. seq., breach of contract, and negligence. 2. Plaintiff, above named, complaining of the Defendants, alleges for herself, and on behalf of allothers similarly situated: a. That LULA STEVF,NS, at all times herein mentioned, has been a resident of the County of Erie, State of New York. b. That LULA STEVENS is a resident of WILLIAMSVILLE SUBURBAN, LLC, and, at all times herein mentioned, has been a resident of WILLIAMSVILLE SUBURBAN, LLC. 3. That upon information and belief, defendant, WILLIAMSVILLE SUBURBAN, LLC, was and still is a participant in Medicaid and Medicare programs and, as such, was required to be in compliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR §483. 4. That upon information and belief, Defendant, WILLIAMSVILLE SUBURBAN, LLC, was and still is a nursing home facility and/or domestic limited liability company, duly -BROWN CHIARI up - FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021 Page 3 - organized and existing by virtue of the laws of the State of New York, with offices for the transaction of business located at 193 South Union Road, Williamsville, New York 14221. 5, That upon information and belief, defendant, LEGACY HEALTH CARE, LLC, was a participant in Medicaid and Medicare programs and, as such, was required to be in compliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR §483. 6. That upon information and belief, Defendant, LEGACY HEALTH CARE, LLC, was a domestic limited liability company, incorporated under the laws of the State of New York, with offices at least at 193 South Union Road, Williamsville, New York 14221. 7. That upon information and belief, at all times mentioned herein, and at least through on or about August 3, 2011, Defendant, LEGACY HEALTH CARE, LLC, was doing business as WILLIAMSVILLE SUBURBAN, LLC. 8. That upon information and belief, at all times mentioned herein, and at least through on or about August 3, 2011, Defendant, LEGACY HEALTH CARE, LLC, owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing home facility doing business as WILLIAMSVILLE SUBURBAN, LLC, its agents, servants, employees, and/or other resident care personnel. 9. Defendant, W. RICHARD ZACHER, at all times mentioned herein, and at least through on or about August 3, 2011, was the president of LEGACY HEALTH CARE, LLC 10. That upon information and belief, at all times mentioned herein, Defendant, W. RICHARD ZACHER owned, operated, managed, directed, administered, and/or assumed - BROWN CHIARI up- FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021 —Pap>.r' 4- responsibility for a nursing home facility doing business as WILl IAMSVILLE SUBUR.BAN. LLC, itsagents, servants, employees, and/or other resident care personnel, 11. That upon information and belief, Defendant, W. RICHARD ZACHER, is and/or was a controlling person of WILI IAMSVILLE SUBUR13AN, LLC, pursuant to New York State Public I-Iealth Law (2808-a. 12. That upon information and belief., at al! times mentioned herein, Defendant, GOI.,DEN LIVING CL'N'I'ERS, LLC, was a participant in Medicaid and Medicare programs and, as such, was required to be in compliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR )483. 13. That upon information and belief, at all times mentioned herein, Defendant, GOI.DLN LIVING CENTERS, LLC, was a domestic limited liability company, incorporated under the laws of the State of New York, with offices at least at 716 Brisbane Building, Buffalo, New York 14203. 14, That upon information and belief, at alltimes mentioned herein, and beginning at least on or about August 3, 2011, Defendant, GOLDEN LIVING CENTERS, LLC, was doing business as WII,I,IAMSVILLE SUBURBAN, LI,C. 15. That upon information and belief, at all times mentioned herein, and beginning at least on or about August 3, 2011, Defendant, GOI.DEN LIVING CENTERS, LLC, owned, operated, managed, directed, ~~+»blistered, and/or assumed responsibility for a nursing home facility doing business as WILLIAMSVILI..E SUBURBAN, LI,C, its agents, servants, employees, and/or other resident care personnel. —141K)WN (:I-JIAI~I ~.Iz . FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021 - Page 5 - 16. That upon information and belief, at all times mentioned herein, Defendant, SAFIRE REHABILITATION OF AMHERST, LLC, was a participant in Medicaid and Medicare programs and, as such, was required to be in compliance with the federal requirernents for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR §483. 17. That upon information and belief, Defendant, SAFIRE REHABILTTATION OF AMHERST, LLC, is a domestic limited liability company incorporated under the laws of the State of New York, with offices for the transaction of business located at 163 South Union Road, Williamsville, New York 14221. 18. That upon information and belief, Defendant, SAFIRE REHABILITATION OF AMHERST, LLC, was doing business as WILLIAMSVILLE SUBURBAN, LLC, and transacted said business at 163 Union Road, Williamsville, New York 14221. 19. That upon information and belief, Defendant, SAFIRE REHABILITATION OF AMHERST, LLC, owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing home facility doing business as WILLIAMSVILLE SUBURBAN, LLC, itsagents, servants, employees, and/or other resident care personnel. 20. That upon information and belief, at all times mentioned herein, Defendant, SAFIRE NURSING AND REHABILITATION CARE OF AMHERST, LLC, was a participant in Medicaid and Medicare programs and, as such, was required to be in compliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR §483. - BROWN CHIARI up - FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021 - Page 6 - 2 L That upon information and belief, Defendant, SAFIRE NURSING AND REHABILITATION CARE OF AMHERST, LLC, is a domestic limited liability company incorporated under the laws of the State of New York, with offices for the transaction of business located at 163 South Union Road, Williamsville, New York 14221. 22. That upon information and belief, Defendant, SAFIRE NURSING AND REHABILITATION CARE OF AMHERST, LLC, was doing business as WILLIAMSVILLE SUBURBAN, LLC, and transacted said business at 163 Union Road, Williamsville, New York 14221. 23. That upon information and belief, Defendant, SAFIRE NURSING AND REHABILITATION CARE OF AMHERST, LLC, owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing home facility doing business as WILLIAMSVILLE SUBURBAN, LLC, its agents, servants, employees, and/or other resident care personnel. 24. That upon information and belief, at all times mentioned herein, Defendant, SAFIRE CARE, LLC, was a participant in Medicaid and Medicare programs and, as such, was required to be in compliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR §483. 25. That upon information and belief, Defendant, SAFIRE CARE, LLC, is a domestic limited liability company incorporated under the laws of the State of New York, with offices for the transaction of business located at 163 South Union Road, Williamsville, New York 14221. - BROWN CHIARI up FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021 - Page 7 - 26. That upon information and belief, Defendant, SAFIRE CARE, LLC, was doing business as WILLIAMSVILLE SUBURBAN, LLC, and transacted said business at 163 Union Road, Williamsville, New York 14221. 27. That upon information and belief, Defendant, SAFIRE CARE, LLC, owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing home facility doing business as WILLIAMSVILLE SUBURBAN, LLC, its agents, servants, employees, and/or other resident care personnel. 28. That upon information and belief, Defendant, SOLOMON ABRAMCZYK, is and/or was an owner, operator, manager, director, administrator and/or assumed responsibility for WILLIAMSVILLE SUBURBAN, LLC, itsagents, servants, employees, and/or other resident care personnel. 29. That upon information and belief, Defendant, SOLOMON ABRAMCZYK, is and/or was a controlling person of WILLIAMSVILLE SUBURBAN, LLC, pursuant to New York State PublicHealth Law §2808-a. 30. That upon information and belief, Defendant, JUDY LANDA, is and/or was an owner, operator, manager, director, administrator and/or assurned responsibility for WILLIAMSVILLE SUBURBAN, LLC, its agents, servants, employees, and/or other resident care personnel. 31. That upon information and belief, Defendant JUDY LANDA, is and/or was a controlling person of WILLIAMSVILLE SUBURBAN, LLC, pursuant to New York State Public Health Law §2808-a. -BROWN CHIARI up - FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021 - Page 8 - 32. That upon information and belief, Defendant, LAURA ZACHER OTTERBEIN, is and/or was an owner, operator, manager, director, administrator and/or assumed responsibility for WILLIAMSVILLE SUBURBAN, LLC, itsagents, servants, employees, and/or other resident care personnel. 33. That upon information and belief, Defendant, LAURA ZACHER OTTERBEIN, is and/or was a controlling person of WILLIAMSVILLE SUBURBAN, LLC, pursuant to New York State Public Health Law §2808-a. 34. That upon information and belief, Defendant, ARYEH RICHARD PLATSCHEK, is and/or was an owner, operator, manager, director, administrator and/or assumed responsibility for WILLIAMSVILLE SUBURBAN, LLC, its agents, servants, employees, and/or other resident care personnel. 35. That upon information and belief, Defendant, ARYEH RICHARD PLATSCHEK, is and/or was a controlling person of WILLIAMSVILLE SUBURBAN, LLC, pursuant to New York State Public Health Law §2808-a. 36. That upon information and belief, Defendant, WENDY ZACHER SCHMIDT, is and/or was an owner, operator, manager, director, administrator and/or assumed responsibility for WILLIAMSVILLE SUBURBAN, LLC, its agents, servants, employees, and/or other resident care personnel. 37. That upon information and belief, Defendant, WENDY ZACHER SCHMIDT, is and/or was a controlling person of WILLIAMSVILLE SUBURBAN, LLC, pursuant to New York State Public Health Law §2808-a. - BROWN CHIARI m - FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/11/2021 - ')— I'age; 38. That upon information and belief, Defendant, ROBFRT SCHUCK, is and/or was an owner, operator, manager, director, administrator and/or assumed responsibility for WILLIAMSVILLF.. SUBURBAN, LLC, its agents, servants, employees, and/or other resident care personnel. and/cn. 39. That upon information and belief, Defendant, ROBERT SCHUCK, is was a controlling person of WILLIAMSVILLE SUBURBAN, LLC, pursuant to New York State Public Health Law (2808-a. 40. That upon information and belief, Defendant, MOSHE STEINBERG, is and/or was