
    In the Matter of Angela Labita, Also Known as Angelica J. Labita, Deceased. Katherine D’Alessandro, Appellant; Nicolina D. Hayhurst, Respondent. Katherine D’Alessandro, Appellant, v Midway Nursing Home, Respondent.
    Submitted December 14, 2009;
    decided February 16, 2010
   Motion for leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain it (see NY Const, art VI, § 3 [b]; CPLR 5602). Motion for poor person relief dismissed as academic.  