MOTION NO. 626 IN THE MATTER OF SISTERS OF CHARITY HOSPITAL V RICHARD F. DAINES, M.D., COMMISSIONER OF HEALTH, STATE OF
Motion No: CA 10-02018
Slip Opinion No: 2011 NY Slip Op 86382(U)
Decided on September 30, 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.


September 30, 2011

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, LINDLEY, AND SCONIERS, JJ.

DOCKET NO. CA 10-02018

MOTION NO. 626

IN THE MATTER OF SISTERS OF CHARITY HOSPITAL,

PETITIONER-RESPONDENT,

V

RICHARD F. DAINES, M.D., COMMISSIONER OF HEALTH, STATE OF

NEW YORK, AND LAURA L. ANGLIN, DIRECTOR OF BUDGET, STATE OF

NEW YORK, OR THEIR SUCCESSORS, RESPONDENTS-APPELLANTS.


Petitioner having moved for leave to appeal to the Court of Appeals from the order of this Court entered May 6, 2011,

Now, upon reading and filing the affirmation of Thomas G. Smith, Esq., dated June 22, 2011, the affidavit of Carol H. Marzec sworn to June 23, 2011, the notice of motion with proof of service thereof, and the affirmation of Victor Paladino, Esq., dated July 5, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 30, 2011

Patricia L. Morgan, Clerk