Motion,Ex Parte: Nicole Pulaski As Proposed Administrator Of the Estate of Luis A. Garcia v. Nassau Operating Company, Llc d/b/a Nassau Rehabilitation and Nursing Center, Bent Philipson, Joel Leifer, Esther Farkovits, John And Jane Roes 1-10, John And Jane Doe Physicians 1-10, Richard And Jane Roe Nurses, Technicians, Paramedical, Cnas And Employees 1-30, Abc Corporation, Abc Partnership

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                                FILED: NASSAU COUNTY CLERK 01/18/2024 07:24 PM                                                  INDEX NO. 615347/2023
NYSCEF DOC. NO. 30                                                                        RECEIVED NYSCEF: 01/18/2024




           SUPREME COURT OF THE STATE OF NEW YORK
           COUNTY OF NASSAU
           ------------------------------------------------------------------X
           NICOLE PULASKI, as Proposed Administrator of the
           Estate of LUIS A. GARCÍA,
                                                                                 Index No: 615347/2023
                                              Plaintiff(s),

                       -against-

           NASSAU OPERATING COMPANY, LLC d/b/a                                   NOTICE OF MOTION
           NASSAU REHABILITATION & NURSING CENTER;
           BENT         PHILIPSON;           JOEL          LEIFER;
           ESTHER FARKOVITS; JOHN AND JANE ROES 1-10;
           JOHN AND JANE DOE PHYSICIANS 1-10;
           RICHARD AND JANE ROE NURSES, TECHNICIANS
           PARAMEDICAL, CNA’S AND EMPLOYEES 1-30;
           ABC      CORPORATION;         ABC       PARTNERSHIP
           (These names being fictitious as their true identities are
           presently unknown),

                                               Defendant(s).
           -----------------------------------------------------------------X

                  PLEASE TAKE NOTICE, that upon the annexed affirmation of JOSEPH L. CIACCIO,

          dated January 18, 2024, and upon all of the pleading and proceedings heretofore had herein the

          undersigned will move this Court, Supreme Court of the State of New York, County of Nassau,

          located at 100 Supreme Court Drive, Mineola, NY 11501, 10th Judicial District, this 19th day of

          February, 2024, at 9:00 a.m. or as soon thereafter as counsel can be heard for an Order:

                  1.       Pursuant to N.Y. Civil Practice Laws and Rules (“C.P.L.R.”) §302(a)(2),

                           finding that personal jurisdiction has been obtained over defendant ESTHER

                           FARKOVITS;

                  2.       Pursuant to C.P.L.R. §308(5), authorizing plaintiff to serve defendant ESTHER

                           FARKOVITS through her attorneys, or;

                  3.       Pursuant to C.P.L.R. §306-b, extending Plaintiff’s time in which to serve the

                           Summons and Verified Complaint upon defendant ESTHER FARKOVITS, and;
                  4.       For such other and further relief as to this Court may deem just and proper.




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FILED: NASSAU COUNTY CLERK 01/18/2024 07:24 PM                                                 INDEX NO. 615347/2023
NYSCEF DOC. NO. 30                                                                      RECEIVED NYSCEF: 01/18/2024




                 PLEASE TAKE FURTHER NOTICE, that answering affidavits if any are required to

          be served upon the undersigned at least seven (7) days prior to the return date of this motion.


          Dated: Melville, New York
                 January 18, 2024




                                                Respectfully submitted,




                                                        ______________________

                                                        Joseph L. Ciaccio, Esq.
                                                        NAPOLI SHKOLNIK, PLLC
                                                        Attorneys for the Plaintiff
                                                        400 Broadhollow Road, Suite 305
                                                        Melville, New York 11747
                                                        (212) 397-1000


          TO:

          LEWIS JOHS AVALLONE AVILES, LLP
          Attorneys for Defendant
          NASSAU OPERATING COMPANY, LLC d/b/a
          NASSAU REHABILITATION & NURSING CENTER
          1377 Motor Parkway, Suite 400
          Islandia, New York 11749


          WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP
          Attorneys for Individual Defendants
          BENT PHILIPSON, JOEL LEIFER and ESTHER FARKOVITS
          150 East 42nd St.
          New York, NY 10017
          (212) 490-3000




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