LAND v. LOPEZ


169 Misc.2d 639 (1996)

646 N.Y.S.2d 971

Elyse Land, Doing Business as Abbey Island Park Manor, Petitioner, v. Marcos Lopez, Respondent.

District Court of Nassau County, First District.

August 1, 1996


Attorney(s) appearing for the Case

Nassau/Suffolk Law Services Committee, Inc., Hempstead (Thomas Maligno of counsel), for respondent. Bythewood & Associates, Garden City, for petitioner.


JOEL B. GEWANTER, J.

Petitioner (adult care facility) commenced a special proceeding pursuant to RPAPL 713-a and Social Services Law § 461-h to terminate the admission agreement of the respondent (resident) and involuntarily discharge the respondent from the facility. Respondent now makes a preanswer motion to dismiss the petition on various grounds.

Initially, the court notes that respondent characterizes...

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