IN THE MATTER OF COUNTY OF ORLEANS, V NIRAV R. SHAH, M.D., M.P.H., AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF
Motion No: CA 14-02022
Slip Opinion No: 2014 NY Slip Op 93202(U)
Decided on December 11, 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.


December 11, 2014

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

DOCKET NO. CA 14-02022
Index No: 14-41684

IN THE MATTER OF COUNTY OF ORLEANS,

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-APPELLANTS.


Appellants having moved for leave to appeal to this Court from a judgment (denominated order) of Supreme Court entered in the Office of the Clerk of the County of Orleans on October 1, 2014,

Now, upon reading and filing the affirmation of Victor Paladino, Esq., dated November 7, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as unnecessary on the ground that appellants have taken an appeal as of right from the judgment (see CPLR 5701 [a] [1]).

Entered: December 11, 2014

Frances E. Cafarell, Clerk