In the Matter of Benedictine Hospital A Receiver of Hutton Nursing Home v Charles Glessing Doing Business As Hutton Nursing Home- and New York State Department of Health -



In the Matter of Benedictine Hospital A Receiver of Hutton Nursing Home v Charles Glessing Doing Business As Hutton Nursing Home- and New York State Department of Health -
Motion No: 503123
Slip Opinion No: 2007 NYSlipOp 79495(U)
Decided on September 27, 2007
Appellate Division, Third Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.



Decided and Entered: September 27, 2007

Case # 503123


In the Matter of BENEDICTINE
HOSPITAL, a Receiver of HUTTON NURSING HOME,
Respondent,

v
CHARLES GLESSING, Doing
Business as HUTTON NURSING
HOME,Appellant-Respondent,

and
NEW YORK STATE
DEPARTMENT OF HEALTH,
Respondent-Appellant,
et al.,


Respondent.


DECISION AND ORDER
ON MOTION

Application to withdraw and discontinue cross appeal of New York State Department of Health.

Upon the papers filed in support of the application, and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted, without costs.
CARDONA, P.J., CARPINELLO, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court