| Matter of County of Broome v Shah |
| 2017 NY Slip Op 01258 [28 NY3d 1175] |
| February 16, 2017 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, April 5, 2017 |
| In the Matter of County of Broome, Respondent, v Nirav R. Shah, as Commissioner of Health, et al., Appellants. |
Decided February 16, 2017
Matter of County of Broome v Shah, 130 AD3d 1347, reversed.
Eric T. Schneiderman, Attorney General, Albany (Victor Paladino, Barbara D. Underwood and Andrew D. Bing of counsel), for appellants.
Respondent precluded.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, without costs, petition dismissed in its entirety, and a declaration made in favor of respondents Nirav R. Shah, as Commissioner of Health, et al. that section 61 of part D of section 1 of chapter 56 of the Laws of 2012 has not been shown to be unconstitutional (see Matter of County of Chemung v Shah, 28 NY3d 244 [2016]).
Concur: Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Garcia and Wilson. Taking no part: Judges Stein and Fahey.
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