IN THE MATTER OF COUNTY OF CAYUGA, V NIRAV R. SHAH, M.D., M.P.H., AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF
Motion No: CA 14-01886
Slip Opinion No: 2014 NY Slip Op 89448(U)
Decided on November 10, 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.


November 10, 2014

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 14-01886

IN THE MATTER OF COUNTY OF CAYUGA,

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-plaintiff 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 Cayuga on June 13, 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 October 20, 2014, the notice of motion with proof of service thereof, and the affirmation of Victor Paladino, Esq., dated October 27, 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 January 9, 2015.

Entered: November 10, 2014

Frances E. Cafarell, Clerk