| IN THE MATTER OF ST. ANN'S HOME FOR THE AGED V RICHARD F. DAINES, M.D., COMMISSIONER OF HEALTH, STATE OF NEW YORK, . |
| Motion No: 1040-09 |
| Slip Opinion No: 2010 NY Slip Op 66629(U) |
| Decided on February 11, 2010 |
| 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: SMITH, J.P., PERADOTTO, CARNI, AND GREEN, JJ.
MOTION NO. 1040-09
DOCKET NO. CA 09-00219
| IN THE MATTER OF ST. ANN'S HOME FOR THE AGED, ET AL.,
PETITIONERS-RESPONDENTS-APPELLANTS, V RICHARD F. DAINES, M.D., COMMISSIONER OF HEALTH, STATE OF NEW YORK,
RESPONDENT-APPELLANT-RESPONDENT. |
Appellants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered November 13, 2009,
Now, upon reading and filing the affirmation of Thomas G. Smith dated December 7, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Victor Paladino dated December 17, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: February 11, 2010
Patricia L. Morgan, Clerk