| IN THE MATTER OF COUNTY OF GENESEE, V NIRAV R. SHAH, M.D., M.P.H., AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF |
| Motion No: CA 14-01041 |
| Slip Opinion No: 2014 NY Slip Op 77065(U) |
| Decided on June 26, 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 14-01041
| IN THE MATTER OF COUNTY OF GENESEE,
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. |
Appellants having moved for leave to appeal to this Court from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Genesee on May 22, 2014, for a declaration that enforcement of said judgment is stayed pursuant to CPLR 5519 (a) (1), for a discretionary stay of enforcement of said judgment, pursuant to CPLR 5519 (c), or a preliminary injunction, pursuant to CPLR 5518, pending the hearing and determination of the appeal taken herein, and for other relief,
Now, upon reading and filing the affirmation of Victor Paladino, Esq., dated June 12, 2014, the notice of motion with proof of service thereof, and the affidavit of Christopher E. Buckey, Esq., sworn to June 19, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Appellants have already taken an appeal as of right from the judgment entered May 22, 2014 (see CPLR 5701 [a] [1]). The portions of the judgment whose enforcement appellants seek to stay are already stayed pursuant to CPLR 5519 (a) (1).
Entered: June 26, 2014
Frances E. Cafarell, Clerk