IN THE MATTER OF COUNTY OF NIAGARA V RICHARD F. DAINES, COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH AND NEW YORK
Motion No: 18-12
Slip Opinion No: 2012 NY Slip Op 71976(U)
Decided on April 20, 2012
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 20, 2012

PRESENT: SCUDDER, P.J., SMITH, CENTRA, AND LINDLEY, JJ.

MOTION NO. 18-12
DOCKET NO. CA 11-01219

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 January 31, 2012,

Now, upon reading and filing the affirmation of Victor Paladino, Esq., dated March 5, 2012, the notice of motion with proof of service thereof, and the affidavit of Christopher E. Buckey, Esq., sworn to March 13, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: April 20, 2012

Frances E. Cafarell, Clerk