| IN THE MATTER OF COUNTY OF CHAUTAUQUA, V NIRAV R. SHAH, M.D., M.P.H., AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF |
| Motion No: CA 14-00923 |
| Slip Opinion No: 2014 NY Slip Op 74780(U) |
| Decided on June 11, 2014 |
| 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, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-00923
| IN THE MATTER OF COUNTY OF CHAUTAUQUA,
PETITIONER-PLAINTIFF-RESPONDENT, V NIRAV R. SHAH, M.D., M.P.H., AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF
HEALTH AND NEW YORK STATE DEPARTMENT OF HEALTH, RESPONDENTS-DEFENDANTS-APPELLANTS. |
Petitioner having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on January 27, 2014, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Robert S. Rosborough, IV, Esq., sworn to May 23, 2014, the notice of motion with proof of service thereof, and the affirmation of Victor Paladino, Esq., dated May 29, 2014, 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 August 11, 2014.
Entered: June 11, 2014
Frances E. Cafarell, Clerk