WESLEY GARDENS CORPORATION V NEW YORK STATE DEPARTMENT OF HEALTH AND HOWARD A. ZUCKER, IN HIS CAPACITY AS NEW YORK

WESLEY GARDENS CORPORATION V NEW YORK STATE DEPARTMENT OF HEALTH AND HOWARD A. ZUCKER, IN HIS CAPACITY AS NEW YORK

Motion No: CA 19-01621

Slip Opinion No: 2020 NY Slip Op 62415(U)

Decided on February 3, 2020

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 3, 2020

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

CA 19-01621

WESLEY GARDENS CORPORATION, PETITIONER-APPELLANT,
V
NEW YORK STATE DEPARTMENT OF HEALTH AND HOWARD
A. ZUCKER, IN HIS CAPACITY AS NEW YORK STATE
COMMISSIONER OF HEALTH, RESPONDENTS-RESPONDENTS.

Appellant having applied to discontinue the appeal taken herein from an order and judgment of the Supreme Court, Monroe County, entered June 30, 2019,

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

It is hereby ORDERED that the application is granted and the appeal is dismissed without costs.

Entered: February 3, 2020

Mark W. Bennett

Clerk of the Court