| IN THE MATTER OF FAIRPORT BAPTIST HOMES V RICHARD F. DAINES, M.D., COMMISSIONER OF HEALTH, STATE OF NEW YORK |
| Motion No: TP 08-01974 |
| Slip Opinion No: 2008 NYSlipOp 91680(U) |
| Decided on December 9, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. TP 08-01974
| IN THE MATTER OF FAIRPORT BAPTIST HOMES, PETITIONER, V RICHARD
F. DAINES, M.D., COMMISSIONER OF HEALTH, STATE OF NEW YORK, RESPONDENT. |
Petitioner having moved to be allowed oral argument on the CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 28, 2008,
Now, upon reading and filing the affirmation of Thomas G. Smith dated November 6, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, dismissed as unnecessary.
Entered: December 9, 2008
JoAnn M. Wahl, Clerk