IN THE MATTER OF COUNTY OF HERKIMER V RICHARD F. DAINES, AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH, AND
Motion No: NOS. CA 08-02202 AND CA 08-02203
Slip Opinion No: 2008 NYSlipOp 91612(U)
Decided on December 3, 2008
Appellate Division, Fourth 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.


December 3, 2008

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NOS. CA 08-02202 AND CA 08-02203

IN THE MATTER OF COUNTY OF HERKIMER, PETITIONER-RESPONDENT,

V

RICHARD F. DAINES, AS COMMISSIONER OF NEW YORK STATE

DEPARTMENT OF HEALTH, AND NEW YORK STATE DEPARTMENT OF

HEALTH, RESPONDENTS-APPELLANTS.



IN THE MATTER OF COUNTY OF NIAGARA, PETITIONER-RESPONDENT,

V

RICHARD F. DAINES, AS COMMISSIONER OF NEW YORK STATE

DEPARTMENT OF HEALTH, AND NEW YORK STATE DEPARTMENT OF

HEALTH, RESPONDENTS-APPELLANTS.


Appellants having moved to consolidate the appeals taken from the order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on July 18, 2008 and the order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on July 9, 2008,

Now, upon reading and filing the affirmations of Victor Paladino dated October 29, 2008, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are, dismissed as unnecessary.

Entered: December 3, 2008

JoAnn M. Wahl, Clerk