IN THE MATTER OF ELDERWOOD AT CHEEKTOWAGA V HOWARD A. ZUCKER, M.D., AS THE COMMISSIONER OF THE NEW YORK STATE
Motion No: CA 19-00633
Slip Opinion No: 2019 NY Slip Op 84128(U)
Decided on November 12, 2019
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 12, 2019

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

CA 19-00633

IN THE MATTER OF ELDERWOOD AT CHEEKTOWAGA,

PETITIONER-RESPONDENT,

V

HOWARD A. ZUCKER, M.D., AS THE COMMISSIONER

OF THE NEW YORK STATE DEPARTMENT OF HEALTH,

DENNIS ROSEN, AS THE MEDICAID INSPECTOR GENERAL

OF THE STATE OF NEW YORK, RESPONDENTS-APPELLANTS.


Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Monroe County, entered January 28, 2019,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the appeal is perfected on or before November 15, 2019.

Entered: November 12, 2019

Mark W. Bennett

Clerk of the Court