Matter of County of Erie v Daines
2012 NY Slip Op 04521 [96 AD3d 1432]
June 8, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


In the Matter of County of Erie, Respondent,
v
Richard F. Daines, Commissioner, New York State Department of Health, et al., Appellants.

—[*1] Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for respondents-appellants.

Whiteman Osterman & Hanna LLP, Albany (Christopher E. Buckey of counsel) and Nancy Rose Stormer, P.C., Utica, for petitioner-respondent.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Donna M. Siwek, J.), entered April 1, 2011 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs (see Matter of County of Niagara v Daines, 91 AD3d 1288 [2012]). Present—Scudder, P.J., Smith, Carni, Lindley and Martoche, JJ.