IN THE MATTER OF DANA RENE GIGNAC, R. PH., DOING BUSINESS AS SARATOGA PHARMACY V DAVID A. PATERSON, IN HIS OFFICIAL

IN THE MATTER OF DANA RENE GIGNAC, R. PH., DOING BUSINESS AS SARATOGA PHARMACY V DAVID A. PATERSON, IN HIS OFFICIAL

Motion No: 15-10

Slip Opinion No: 2010 NY Slip Op 71268(U)

Decided on April 30, 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.

April 30, 2010

PRESENT: SCUDDER, P.J., PERADOTTO, GREEN, AND GORSKI, JJ.

MOTION NO. 15-10
DOCKET NO. TP 09-01616

IN THE MATTER OF DANA RENE GIGNAC, R. PH., DOING BUSINESS AS
SARATOGA PHARMACY, PETITIONER,
V
DAVID A. PATERSON, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF
STATE OF NEW YORK, RICHARD F. DAINES, M.D., IN HIS OFFICIAL
CAPACITY AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF
HEALTH, AND JAMES G. SHEEHAN, IN HIS OFFICIAL CAPACITY AS
MEDICAID INSPECTOR GENERAL OF OFFICE OF MEDICAID INSPECTOR
GENERAL, RESPONDENTS.

Petitioner having moved for reargument of the order of this Court entered February 11, 2010,

Now, upon reading and filing the affirmation of Robert F. Finkelstein, Esq. dated March 23, 2010, the notice of motion with proof of service thereof, the affirmation of Kate H. Nepveu, Esq. dated April 8, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: April 30, 2010

Patricia L. Morgan, Clerk