| Matter of Cocchiaraley v New York State Department of Health |
| Motion No: 2017-07976 |
| Slip Opinion No: 2017 NY Slip Op 94432(U) |
| Decided on December 6, 2017 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M242558
E/ct
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2017-07976 In the Matter of Christopher Cocchiaraley, petitioner, v New York State Department of Health, et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner for summary judgment in a proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent Anne E. Minihan, a Justice of the Supreme Court, Westchester County, from enforcing an order dated May 18, 2017, in a proceeding entitled Matter of Cocchiaraley v New York State Department of Health, pending in the Supreme Court, Westchester County, under Index No. 51119/17.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic in light of the determination of the proceeding (see Matter of Cocchiaraley v New York State Department of Health, ___ AD3d ___ [2d Dept, Dec. 6, 2017]).
RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court