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SHELLEY v. SOUTH SHORE HEALTHCARE

2012-08769

123 A.D.3d 797 (2014)

999 N.Y.S.2d 103

2014 NY Slip Op 08625

WILLIAM M. SHELLEY, Individually and as Executor of JANE A. SHELLEY, Deceased, Appellant, v. SOUTH SHORE HEALTHCARE et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 10, 2014.

Ordered that the order is affirmed, without costs or disbursements.

Jane Shelley (hereinafter the decedent) had been a resident of the defendants' nursing home from May 2007 until January 9, 2008. She was hospitalized on January 9, 2008, and died on January 28, 2008. On January 21, 2011, William M. Shelley, the decedent's son (hereinafter the plaintiff), filed a summons with notice alleging negligence, gross negligence, nursing home abuse, and Medicaid fraud, individually...

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