Burgdorf v. Betsy Ross Nursing & Rehabilitation Ctr., Inc.
Docket MOTION NO. (12/26) CA 23-01604.
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Civil
- Disposition
- Denied
- Citation
- 2026 NY Slip Op 02593
- Docket
- MOTION NO. (12/26) CA 23-01604.
Motion for reargument or for leave to appeal to the Court of Appeals following an earlier Appellate Division decision.
Summary
The Appellate Division, Fourth Department, denied the plaintiff's motion for reargument and denied leave to appeal to the Court of Appeals in the case where Joseph D. Burgdorf sought further review of a prior decision against Betsy Ross Nursing and Rehabilitation Center and various individual defendants. The court affirmed its earlier disposition by refusing to revisit the matter or permit an appeal to New York’s highest court. No extended opinion or new legal analysis was provided in this memorandum and order.
Issues Decided
- Whether the Appellate Division should grant reargument of its prior decision in this case.
- Whether to grant leave to appeal the Appellate Division's decision to the Court of Appeals.
Court's Reasoning
The memorandum and order simply records that the court denied both requests, indicating the court found no basis to reconsider its prior ruling or to allow an appeal to the Court of Appeals. Because this is a short order denying procedural relief, it does not elaborate on legal grounds or factual changes warranting reargument or leave to appeal.
Parties
- Plaintiff
- Joseph D. Burgdorf
- Defendant
- Betsy Ross Nursing and Rehabilitation Center, Inc.
- Defendant
- Yvette Hulett
- Defendant
- Joel P. Amidon, M.D.
- Defendant
- Helen Norine
- Defendant
- Stephanie Howland
- Defendant
- Michelle Stephens
- Defendant
- Security Guard Jane Roe
- Defendant
- Maintenance Richard Roe
- Defendant
- Maintenance Debbie Doe
Key Dates
- Decision date
- 2026-04-24
What You Should Do Next
- 1
Consult appellate counsel
Talk to an experienced appeals lawyer to confirm whether any other procedural remedies exist, such as a motion in the trial court, a timely petition for reconsideration in limited circumstances, or a motion under CPLR provisions if applicable.
- 2
Review the underlying judgment and prior opinion
Carefully review the Appellate Division's earlier decision and the trial-court record to determine whether there are overlooked issues or newly discovered evidence that could justify further relief.
Frequently Asked Questions
- What did the court decide?
- The Appellate Division denied the motion for reargument and denied leave to appeal to the Court of Appeals.
- Who is affected by this decision?
- The plaintiff, Joseph D. Burgdorf, and the named defendants at Betsy Ross Nursing and Rehabilitation Center are affected because Burgdorf’s requests for further review were rejected.
- Does this mean the underlying judgment stays in place?
- Yes; by denying reargument and leave to appeal, the Appellate Division left its prior decision intact and the prior disposition remains controlling unless other relief is obtained.
- Can the plaintiff still seek further review?
- Not from the Court of Appeals via leave from this court; the order denies leave, though the plaintiff may explore other narrow procedural avenues with counsel if any exist.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Burgdorf v Betsy Ross Nursing & Rehabilitation Ctr., Inc. - 2026 NY Slip Op 02593 Burgdorf v Betsy Ross Nursing & Rehabilitation Ctr., Inc. 2026 NY Slip Op 02593 April 24, 2026 Appellate Division, Fourth Department JOSEPH D. BURGDORF, PLAINTIFF-APPELLANT, v BETSY ROSS NURSING AND REHABILITATION CENTER, INC., DOING BUSINESS AS BETSY ROSS NURSING AND REHABILITATION CENTER, YVETTE HULETT, JOEL P. AMIDON, M.D., HELEN NORINE, STEPHANIE HOWLAND, MICHELLE STEPHENS, SECURITY GUARD JANE ROE, MAINTENANCE RICHARD ROE, MAINTENANCE DEBBIE DOE, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. Decided on April 24, 2026 MOTION NO. (12/26) CA 23-01604. Present: Whalen, P.J., Curran, Montour, And Greenwood, JJ. (Filed Apr. 24, 2026.) MEMORANDUM AND ORDER Motion for reargument or leave to appeal to the Court of Appeals denied.