| WOODSIDE MANOR NURSING HOME V NIRAV R. SHAH, M.D., AS COMMISSIONER OF HEALTH OF THE STATE OF NEW YORK |
| Motion No: CA 12-02161 |
| Slip Opinion No: 2012 NY Slip Op 92591(U) |
| Decided on December 5, 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. |
PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 12-02161
| WOODSIDE MANOR NURSING HOME, AVON NURSING HOME, THE BRIGHTONIAN, CONESUS LAKE NURSING
HOME, ELM MANOR NURSING HOME, HORNELL NURSING HOME, HURLBUT NURSING HOME, NEWARK MANOR NURSING HOME,
PENFIELD PLACE, SENECA NURSING AND REHABILITATION CENTER, SHOREWOODS NURSING HOME, WEDGEWOOD NURSING HOME,
PETITIONERS-RESPONDENTS, V NIRAV R. SHAH, M.D., AS COMMISSIONER OF HEALTH OF THE STATE OF NEW YORK, ROBERT L.
MEGNA, AS THE DIRECTOR OF BUDGET OF THE STATE OF NEW YORK, OR THEIR SUCCESSORS,
RESPONDENTS-APPELLANTS. |
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 29, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Thomas G. Smith, Esq., dated November 19, 2012, the notice of motion with proof of service thereof, and the affirmation of Victor Paladino, Esq., dated November 20, 2012, 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 February 4, 2013.
Entered: December 5, 2012
Frances E. Cafarell, Clerk