| MATTER OF COUNTY OF HERKIMER V RICHARD F. DAINES, AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH, AND NEW YORK |
| Motion No: CA 10-02129 |
| Slip Opinion No: 2010 NY Slip Op 88170(U) |
| Decided on November 12, 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: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-02129
| 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. |
Petitioner-respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on May 3, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Christopher E. Buckey, Esq. sworn to October 18, 2010, and the notice of motion with proof of service thereof, the affirmation of Victor Paladino, Esq. dated October 27, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before January 11, 2011.
Entered: November 12, 2010
Patricia L. Morgan, Clerk