On June 14, 2021 a
Stipulation,Agreement
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. 3 RECEIVED NYSCEF: 06/14/2021
ERIE COUNTY CLERK'S OFFICE
County Clerk's Recording Page
Reh to:
Book Type: K Book: 640 Page: 2494
Page Count: 5
Doc Type: FILE STIP DISCN-
SCANNED
Party 1:
Rec Date: 01/12/2021
STIPULATION OF DISCONTINUANCE
Rec Time: 02:53:45 PM
Control #: 2021006386
Party 2:
UserID: DF
Trans #: 21005146
Document Sequence Number
Recording Fees:
I 2010003907
RECORDING $0.00
Consideration Amount:
STATE COURT $35 FEE $35.00
BASIC MT $0.00
SONYMA MT $0.00
ADDL MT/NFTA $0.00
SP MT/M-RAIL $0.00
NY STATE TT $0.00
ROAD FUND TT $0.00
Total: $35.00
STATE OF NEW YORK
ERIE COUNTY CLERK'S OFFICE
COURT DOCUMENT SCANNED TO CREATE ELECTRONIC RECORD
Michael P. Kearns
Erie County Clerk
1 of 5
FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/14/2021
. .
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
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; STIPULATION OF
ARDITH E. BULMAHN, Individually and as PARTIAL
Admini±atrix of the Estate of DONALD BULMAHN; DISCONTINUANCE
ALBERT YOUNG, Individually and as Executor of
the Estate of LULA STEVENS; Index No.: I2010-3907
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.
RIDGE VIEW MANOR, LLC;
WILLIAMSVILLE SUBURBAN, LLC;
SHERIDAN MANOR, LLC;
LEGACY HEALTH CARE, LLC;
W. RICHARD ZACHER (Incorrectly sued herein as
RICHARD ZACHER); and
JOHN DOES 1-200,
Defendants.
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for
the respective parties in theabove-entitled action that,whereas no party hereto isan infantor incem;:ten±
person for whom a enmminee has been appeinted, all claims of plaintiff, ARDITH E. BULMAHN,
Individually and as AdmP-atrix of theEstate of DONALD BULMAHN, in theabove-entitled actionare
hereby disceñnñüed, in theirentirety and on the merits and with prejudice, withcut costs to any party as
against the other.
2 of 5
FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/14/2021
IT IS FURTHER STIPULATED AND AGREED that the above-captioned action is hereby
disce;du-,d as against defendant, SHERIDAN MANOR, LLC, in itsentirety and on the merits and with
prejudice, without costs to any party as against the other.
IT IS FURTHER STIPULATED AND AGREED that the above-captioned action is hereby
partially discentinued as against defendant, W. RICHARD ZACHER (Incorrectly sued herein as
RICHARD ZACHER), in itsentiretyand on the merits and with prejudice, without costs to any party as
against the other, only to the extentany claim alleged against him herein arisesfrom his alleged status as
owner, óperator, manager, director, ahinistrator, and/or respamihle party of defendant, SHERIDAN
MANOR, LLC.
IT IS FURTHER STIPULATED AND AGREED that the above-captioned action is hereby
discontinued as against d
- LEGACY HEALTH in its and on the
partially CARE, LLC, entirety
merits and with pwjudke, without costs to any party as against the other, o_nly to the extent any claim
alleged against thisdefeñdañt herein arises from itsalleged status as owner, operator, manager, director,
admirimator, and/or responsible party of defendaw, SHERIDAN MANOR, LLC.
IT IS FURTHER STIPULATED AND AGREED that the above-captioned action is hereby
partially discontinued as againstdefendants, JOHN DOES 1-200, in itsentiretyand on themerits and with
prejudice, without costs to any party as againstthe other, only to theextent any claim alleged againstthese
defeñdsñts herein arises from their alleged status as agents, servants, and/or emplayees of defendant,
SHERIDAN MANOR, LLC.
IT IS FURTHER STIPULATED AND AGREED that thecaption shallbe amended as follows:
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
DENISE CLAY, Individually and as Administratrix of
the Estate of RANDALL CLAY;
THADDEUS C. TOMAKA, Individually and as
Executor of the Estate ofLILLIAN TOMAKA;
ALBERT YOUNG, Individually and as Executor of
the Estateof LULA STEVENS;
-2-
3 of 5
FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/14/2021
BRENDA BARNES, Individually and as Administratrix
De Bonis Non of the Estate of
JOHN ANTHONY DOBBINS; Index No.: I2010-3907
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.
RIDGE VIEW MANOR, LLC;
WILLIAMSVILLE SUBURBAN, LLC;
LEGACY HEALTH CARE, LLC;
W. RICHARD ZACHER (Incorrectly sued herein as
RICHARD ZACHER); and
JOHN DOES 1-200,
Defendants.
IT IS FURTHER STIPULATED AND AGREED thatelectronic dg--.:nas willhave the same
effectas originals and a copy of thisStipulation shallhave the fullforce and effect as an original.
This Stipulaticñ may be filedwithout furthernotice with the Clerk of the Court.
DATED: 02) . DATED: QfTlA(A-y1 A
anuary
alo,New York Buffalo, New Yolk
~
Ni o .C.Marq sq. Stephanie L. McCance, Esq.
BROWN CHIARI, LLP HURWITZ & FINE, P.C.
Attorneys for Plaintiffs Attorneys for Defendants
2470 Walden Avenue, Suite 300 RIDGE VIEW MANOR, LLC,
Buffalo, New York 14225 WILLIAMSVILLE SUBURBAN, LLC, and
Telephone: (716) 681-7190 SHERIDAN MANOR, LLC
1300 Liberty Building
424 Main Street
Buffalo, New York 14202
Telephone: (716) 849-8900
DATED: .C
Buffalo, New ork
-3-
4 of 5
FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/14/2021
.. . .
Norman . iti, Esq.
Jr.,
GIBSON, McASKILL & CROSBY, LLP
Attorneys for Defendants
LEGACY HEALTH CARE, LLC,
W. RICHARD ZACHER (Incorrectly sued herein
as RICHARD ZACHER) and
JOHN DOES 1-200
(as they apply to the aforementioned Defendants)
69 Delaware Avenue, Suite 900
Buffalo, New York 14202-3866
Telephone: (716) 856-4200
-4-
5 of 5
Preview
FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/14/2021 ERIE COUNTY CLERK'S OFFICE County Clerk's Recording Page Reh to: Book Type: K Book: 640 Page: 2494 Page Count: 5 Doc Type: FILE STIP DISCN- SCANNED Party 1: Rec Date: 01/12/2021 STIPULATION OF DISCONTINUANCE Rec Time: 02:53:45 PM Control #: 2021006386 Party 2: UserID: DF Trans #: 21005146 Document Sequence Number Recording Fees: I 2010003907 RECORDING $0.00 Consideration Amount: STATE COURT $35 FEE $35.00 BASIC MT $0.00 SONYMA MT $0.00 ADDL MT/NFTA $0.00 SP MT/M-RAIL $0.00 NY STATE TT $0.00 ROAD FUND TT $0.00 Total: $35.00 STATE OF NEW YORK ERIE COUNTY CLERK'S OFFICE COURT DOCUMENT SCANNED TO CREATE ELECTRONIC RECORD Michael P. Kearns Erie County Clerk 1 of 5 FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/14/2021 . . STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE 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; STIPULATION OF ARDITH E. BULMAHN, Individually and as PARTIAL Admini±atrix of the Estate of DONALD BULMAHN; DISCONTINUANCE ALBERT YOUNG, Individually and as Executor of the Estate of LULA STEVENS; Index No.: I2010-3907 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. RIDGE VIEW MANOR, LLC; WILLIAMSVILLE SUBURBAN, LLC; SHERIDAN MANOR, LLC; LEGACY HEALTH CARE, LLC; W. RICHARD ZACHER (Incorrectly sued herein as RICHARD ZACHER); and JOHN DOES 1-200, Defendants. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the respective parties in theabove-entitled action that,whereas no party hereto isan infantor incem;:ten± person for whom a enmminee has been appeinted, all claims of plaintiff, ARDITH E. BULMAHN, Individually and as AdmP-atrix of theEstate of DONALD BULMAHN, in theabove-entitled actionare hereby disceñnñüed, in theirentirety and on the merits and with prejudice, withcut costs to any party as against the other. 2 of 5 FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/14/2021 IT IS FURTHER STIPULATED AND AGREED that the above-captioned action is hereby disce;du-,d as against defendant, SHERIDAN MANOR, LLC, in itsentirety and on the merits and with prejudice, without costs to any party as against the other. IT IS FURTHER STIPULATED AND AGREED that the above-captioned action is hereby partially discentinued as against defendant, W. RICHARD ZACHER (Incorrectly sued herein as RICHARD ZACHER), in itsentiretyand on the merits and with prejudice, without costs to any party as against the other, only to the extentany claim alleged against him herein arisesfrom his alleged status as owner, óperator, manager, director, ahinistrator, and/or respamihle party of defendant, SHERIDAN MANOR, LLC. IT IS FURTHER STIPULATED AND AGREED that the above-captioned action is hereby discontinued as against d - LEGACY HEALTH in its and on the partially CARE, LLC, entirety merits and with pwjudke, without costs to any party as against the other, o_nly to the extent any claim alleged against thisdefeñdañt herein arises from itsalleged status as owner, operator, manager, director, admirimator, and/or responsible party of defendaw, SHERIDAN MANOR, LLC. IT IS FURTHER STIPULATED AND AGREED that the above-captioned action is hereby partially discontinued as againstdefendants, JOHN DOES 1-200, in itsentiretyand on themerits and with prejudice, without costs to any party as againstthe other, only to theextent any claim alleged againstthese defeñdsñts herein arises from their alleged status as agents, servants, and/or emplayees of defendant, SHERIDAN MANOR, LLC. IT IS FURTHER STIPULATED AND AGREED that thecaption shallbe amended as follows: STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE DENISE CLAY, Individually and as Administratrix of the Estate of RANDALL CLAY; THADDEUS C. TOMAKA, Individually and as Executor of the Estate ofLILLIAN TOMAKA; ALBERT YOUNG, Individually and as Executor of the Estateof LULA STEVENS; -2- 3 of 5 FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/14/2021 BRENDA BARNES, Individually and as Administratrix De Bonis Non of the Estate of JOHN ANTHONY DOBBINS; Index No.: I2010-3907 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. RIDGE VIEW MANOR, LLC; WILLIAMSVILLE SUBURBAN, LLC; LEGACY HEALTH CARE, LLC; W. RICHARD ZACHER (Incorrectly sued herein as RICHARD ZACHER); and JOHN DOES 1-200, Defendants. IT IS FURTHER STIPULATED AND AGREED thatelectronic dg--.:nas willhave the same effectas originals and a copy of thisStipulation shallhave the fullforce and effect as an original. This Stipulaticñ may be filedwithout furthernotice with the Clerk of the Court. DATED: 02) . DATED: QfTlA(A-y1 A anuary alo,New York Buffalo, New Yolk ~ Ni o .C.Marq sq. Stephanie L. McCance, Esq. BROWN CHIARI, LLP HURWITZ & FINE, P.C. Attorneys for Plaintiffs Attorneys for Defendants 2470 Walden Avenue, Suite 300 RIDGE VIEW MANOR, LLC, Buffalo, New York 14225 WILLIAMSVILLE SUBURBAN, LLC, and Telephone: (716) 681-7190 SHERIDAN MANOR, LLC 1300 Liberty Building 424 Main Street Buffalo, New York 14202 Telephone: (716) 849-8900 DATED: .C Buffalo, New ork -3- 4 of 5 FILED: ERIE COUNTY CLERK 06/14/2021 12:45 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/14/2021 .. . . Norman . iti, Esq. Jr., GIBSON, McASKILL & CROSBY, LLP Attorneys for Defendants LEGACY HEALTH CARE, LLC, W. RICHARD ZACHER (Incorrectly sued herein as RICHARD ZACHER) and JOHN DOES 1-200 (as they apply to the aforementioned Defendants) 69 Delaware Avenue, Suite 900 Buffalo, New York 14202-3866 Telephone: (716) 856-4200 -4- 5 of 5