MOTION NO. 1440 IN THE MATTER OF COUNTY OF NIAGARA V RICHARD F. DAINES, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

MOTION NO. 1440 IN THE MATTER OF COUNTY OF NIAGARA V RICHARD F. DAINES, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

Motion No: CA 10-00847

Slip Opinion No: 2011 NY Slip Op 72411(U)

Decided on March 25, 2011

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.

March 25, 2011

PRESENT: SMITH, J.P., CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 10-00847

MOTION NO. 1440
IN THE MATTER OF COUNTY OF NIAGARA, PETITIONER-RESPONDENT,
V
RICHARD F. DAINES, COMMISSIONER, 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 order of this Court entered December 30, 2010,

Now, upon reading and filing the affirmation of Victor Paladino, Esq. dated February 4, 2011, the notice of motion with proof of service thereof, and the affidavit of Christopher E. Buckey, Esq. sworn to February 16, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: March 25, 2011

Patricia L. Morgan, Clerk