MOTION NOS. 292/09 AND 297/09 IN THE MATTER OF COUNTY OF HERKIMER V RICHARD F. DAINES, AS COMMISSIONER OF NEW YORK
Motion No: NOS. CA 08-02202 AND CA 08-02203
Slip Opinion No: 2009 NY Slip Op 74770(U)
Decided on June 5, 2009
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.


June 5, 2009

PRESENT: MARTOCHE, J.P., SMITH, CENTRA, FAHEY, AND PINE, JJ.

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

MOTION NOS. 292/09 AND 297/09

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 for leave to appeal to the Court of Appeals from the orders of this Court entered March 27, 2009,

Now, upon reading and filing the affirmation of Victor Paladino dated April 2, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Christopher E. Buckey sworn to April 9, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: June 5, 2009

Patricia L. Morgan, Clerk