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 14-01035
Slip Opinion No: 2014 NY Slip Op 78562(U)
Decided on July 18, 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.


July 18, 2014

PRESENT: SMITH, CENTRA, FAHEY, AND SCONIERS, JJ.

DOCKET NO. CA 14-01035

IN THE MATTER OF LAURA HULING, PETITIONER-RESPONDENT-APPELLANTS,

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-APPELLANTS-RESPONDENTS.


Respondents-appellants-respondents having moved for leave to appeal from an order (denominated order and judgment) of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on May 29, 2014, and

Petitioner having cross-moved for denial of appellants' motion or, in the alternative, leave to cross-appeal from said order, and for other relief,

Now, upon reading and filing the affirmation of Victor Paladino, Esq, dated June 11, 2014, the affirmation of Janet M. Izzo, Esq., dated June 24, 2014, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that respondents-appellants-respondents' motion insofar as it seeks leave to appeal from the order entered May 29, 2014, is granted, on the condition that the appeal is perfected on or before September 16, 2014, and

It is further ORDERED that petitioner's cross motion insofar as it seeks leave to cross appeal from the order entered May 29, 2014, is granted, on the condition that the cross appeal is perfected on or before petitioner's deadline for filing and serving a respondent's brief, and

It is further ORDERED that petitioner's cross motion is otherwise denied.

Entered: July 18, 2014

Frances E. Cafarell, Clerk