Matter of Gilbert v Sutkowy
2011 NY Slip Op 00900 [81 AD3d 1319]
February 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


In the Matter of the Application of Dorothy Gilbert, Appellant, v David Sutkowy, Commissioner, Onondaga County Department of Social Services, et al., Respondents.

—[*1] Legal Services of Central New York, Inc., Syracuse (Julie B. Morse of counsel), for petitioner-appellant.

Zachary L. Karmen, Syracuse, for respondent-respondent David Sutkowy, Commissioner, Onondaga County Department of Social Services.

Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent-respondent David A. Hansell, Commissioner, New York State Office of Temporary and Disability Assistance.

Appeal from a judgment of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered November 16, 2009 in a proceeding pursuant to CPLR article 78. The judgment denied the petition and granted the motions of respondents to dismiss the petition pursuant to CPLR 3211 (a) (7).

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on November 9 and 16, 2010,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Carni, Sconiers, Green and Gorski, JJ.