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NEW YORK STATE WORKERS' COMPENSATION BOARD v. EPISCOPAL CHURCH HOME AND AFFILIATES, INC.

514 CA 21-00432.

218 A.D.3d 1317 (2023)

193 N.Y.S.3d 823

2023 NY Slip Op 04054

New York State Workers' Compensation Board, in its Capacity as the Governmental Agency Charged with the Administration of the Workers' Compensation Law and Attendant Regulations and in its Capacity as Successor in Interest to the Long Term Care Risk Management Group, Respondent, v. Episcopal Church Home and Affiliates, Inc., et al., Defendants, and Fairport Baptist Home, Inc., et al., Appellants.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

PHILLIPS LYTLE LLP, BUFFALO ( CRAIG R. BUCKI OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

NEW YORK STATE WORKERS' COMPENSATION BOARD, SCHENECTADY ( TODD C. ROBERTS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Peradotto, Bannister, Montour and Greenwood, JJ.

Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered March 10, 2021. The order and judgment, among other things, granted plaintiff's motion for, inter alia, partial summary judgment.

It is hereby ordered that said appeal insofar as taken by defendants Fairport Baptist Home, Inc. and Fairport Baptist Homes is unanimously dismissed and the order and judgment is modified on the law by granting the motion of...

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