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 83857(U)
Decided on September 16, 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.


September 16, 2014

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.


County of Genesee having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Genesee on May 22, 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 August 14, 2014, the notice of motion with proof of service thereof, and the affirmation of Victor Paladino, Esq., dated August 21, 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 November 17, 2014.

Entered: September 16, 2014

Frances E. Cafarell, Clerk