Hinkson v. Cabrini of Westchester
- Nelson Roman
- 7:22-cv-09942
- U.S. District Court · Southern District of New York
- 1
In Hinkson v. Cabrini of Westchester, Judge Roman remanded the matter to New York state court without costs.
The parties to the removed case are affected: the case returns to the Supreme Court of the State of New York, Westchester County, while defendants retain the ability to assert immunity and/or preemption defenses under the federal Public Readiness and Emergency Preparedness Act.
What happened
Hinkson v. Cabrini of Westchester concerns a case that defendants removed from New York state court to the Southern District of New York. Juliette Hinkson brought the case as proposed executor of Hilda Editha Gill’s estate.
The order does not explain in detail why the case was removed or why remand was required. It cites several Second Circuit decisions in ordering the return of the case to state court.
Judge Nelson S. Roman ordered the case returned to the Supreme Court of the State of New York, Westchester County, without costs. The order preserved defendants’ ability to assert immunity or federal-law preemption defenses under the Public Readiness and Emergency Preparedness Act, and directed the Clerk to close the federal case.
The detailed version
- Hinkson v. Cabrini of Westchester · No. 7:22-cv-09942
- Nelson Roman
- Mar. 18, 2025
Background
Juliette Hinkson sued Cabrini of Westchester, doing business as St. Cabrini Nursing Home, and other defendants in the Supreme Court of the State of New York, Westchester County. Hinkson was identified as the proposed executor of the estate of Hilda Editha Gill. The defendants removed the matter to the U.S. District Court for the Southern District of New York.
Court’s Action
After reviewing the notice of removal and its exhibits, and citing Second Circuit decisions including Solomon v. St. Joseph Hosp., Leroy v. Hume, and Rivera-Zayas v. Our Lady of Consolation Geriatric Care Ctr., the court ordered the matter remanded—that is, returned—to the New York state court from which it had been removed. The opinion does not provide a more detailed explanation of the basis for remand.
Disposition
Judge Nelson S. Roman ordered the Clerk to return the file to the state court and close the federal case. The remand was ordered without costs to any party and without prejudice to the defendants’ ability to assert immunity and/or preemption defenses under the federal Public Readiness and Emergency Preparedness Act, 42 U.S.C. §§ 247d-6d and 247d-6e.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.