IN THE MATTER OF MILDRED FRAZIER V HOWARD A. ZUCKER, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH
Motion No: TP 19-00361
Slip Opinion No: 2020 NY Slip Op 74418(U)
Decided on November 4, 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.


November 4, 2020

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

TP 19-00361

IN THE MATTER OF MILDRED FRAZIER, PETITIONER,

V

HOWARD A. ZUCKER, ACTING COMMISSIONER, NEW YORK STATE

DEPARTMENT OF HEALTH, RESPONDENT.


Attorneys with Hinman, Howard & Kattell, LLP having moved to vacate the dismissal of this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court, Onondaga County, entered January 10, 2018,

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 dismissed (see Hyman v Booth Mem. Hosp., 306 AD2d 438, 438 [2d Dept 2003]).

Entered: November 4, 2020

Mark W. Bennett

Clerk of the Court