IN THE MATTER OF COUNTY OF ONEIDA, V HOWARD A. ZUCKER, M.D., J.D., AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF
Motion No: CA 16-00028
Slip Opinion No: 2016 NY Slip Op 65347(U)
Decided on February 24, 2016
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.


February 24, 2016

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

DOCKET NO. CA 16-00028

IN THE MATTER OF COUNTY OF ONEIDA,

PETITIONER-PLAINTIFF-RESPONDENT,

V

HOWARD A. ZUCKER, M.D., J.D., AS COMMISSIONER OF

NEW YORK STATE DEPARTMENT OF HEALTH AND NEW YORK STATE

DEPARTMENT OF HEALTH, DEFENDANTS-RESPONDENTS-APPELLANTS.


Defendants having moved for leave to appeal a judgment of Supreme Court entered in the Office of the Clerk of the County of Oneida on December 7, 2015,

Now, upon reading and filing the affirmation of Victor Paladino, Esq., dated January 7, 2016, 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: February 24, 2016

Frances E. Cafarell, Clerk