| IN THE MATTER OF LAURA HULING V NEW YORK STATE DEPARTMENT OF HEALTH, NIRAV R. SHAH, AS COMMISSIONER OF THE NEW YORK |
| Motion No: CA 13-00216 |
| Slip Opinion No: 2013 NY Slip Op 75245(U) |
| Decided on May 23, 2013 |
| 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., SMITH, FAHEY, PERADOTTO, AND LINDLEY, JJ.
DOCKET NO. CA 13-00216
| IN THE MATTER OF LAURA HULING, PETITIONER, V NEW
YORK STATE DEPARTMENT OF HEALTH, NIRAV R. SHAH, AS COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH, STATE
BOARD FOR PROFESSIONAL MEDICAL CONDUCT, KENDRICK SEARS, AS CHAIR OF THE STATE BOARD OF PROFESSIONAL MEDICAL CONDUCT,
OFFICE OF PROFESSIONAL MEDICAL CONDUCT, AND KEITH SERVIS, AS THE EXECUTIVE DIRECTOR OF OFFICE OF PROFESSIONAL MEDICAL
CONDUCT, RESPONDENTS. |
Respondents having moved for leave to appeal to this Court from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on November 29, 2012, and having moved to stay appellants' obligation to answer the petition and all proceedings in Supreme Court in this matter pending the determination of the appeal,
Now, upon reading and filing the affirmations of Joseph Callery, Esq., dated January 15, 2013, and February 13, 2013, the notice of motion with proof of service thereof, and the affidavits of Elijah Huling, Jr., Esq., sworn to February 11, 2013, and February 14, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely insofar as it seeks leave to appeal (see CPLR 5513 [b] and [d]), and
It is further ORDERED that the remainder of the motion is dismissed on the ground that there is no appeal.
Entered: May 23, 2013
Frances E. Cafarell, Clerk