Land v. Lopez

OPINION OF THE COURT

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 the within proceeding as a summary holdover proceeding. This characterization is erroneous. This is a special proceeding brought pursuant to the express statutory…