IN THE MATTER OF SHERIDAN PARK, INC. AND AMIGONE FUNERAL HOME, INC. V NEW YORK STATE DIVISION OF CEMETERIES, NEW YORK

IN THE MATTER OF SHERIDAN PARK, INC. AND AMIGONE FUNERAL HOME, INC. V NEW YORK STATE DIVISION OF CEMETERIES, NEW YORK

Motion No: 264-14

Slip Opinion No: 2014 NY Slip Op 85186(U)

Decided on September 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.

September 26, 2014

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.

MOTION NO. 264-14
DOCKET NO. CA 13-01385

IN THE MATTER OF SHERIDAN PARK, INC. AND AMIGONE FUNERAL
HOME, INC., PETITIONERS-APPELLANTS,
V
NEW YORK STATE DIVISION OF CEMETERIES, NEW YORK STATE
DEPARTMENT OF STATE DIVISION OF CEMETERIES, NEW YORK STATE
CEMETERY BOARD, NEW YORK STATE DEPARTMENT OF STATE, RICHARD
D. FISHMAN, DIRECTOR OF NEW YORK STATE DIVISION OF
CEMETERIES, NEW YORK STATE DEPARTMENT OF STATE DIVISION OF
CEMETERIES, CESAR A. PERALES, NEW YORK STATE SECRETARY OF
STATE AND MEMBER OF NEW YORK STATE CEMETERY BOARD, NEW YORK
STATE DEPARTMENT OF STATE, ERIC T. SCHNEIDERMAN, AS NEW
YORK STATE ATTORNEY GENERAL AND A MEMBER OF NEW YORK STATE
CEMETERY BOARD, AND NIRAV R. SHAH, M.D., M.P.H., AS NEW
YORK STATE COMMISSIONER OF HEALTH AND A MEMBER OF NEW YORK
STATE CEMETERY BOARD, RESPONDENTS-RESPONDENTS.

Appellants having moved for leave to appeal to the Court of Appeals from the order of this Court entered May 9, 2014,

Now, upon reading and filing the affidavit of Robert E. Knoer, Esq., sworn to June 13, 2014, the notice of motion with proof of service thereof, and the statement of Laura Etlinger, Esq., dated June 26, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 26, 2014

Frances E. Cafarell, Clerk