Matter of Wyatt A. v Zucker
2022 NY Slip Op 02666 [204 AD3d 1411]
April 22, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 1, 2022


[*1]
 In the Matter of Wyatt A., a Minor Child by His Natural Mother, Sarah R., Petitioner,
v
Howard Zucker, as New York State Commissioner of Health, et al., Respondents.

Law Office of Bernard V. Kleinman, PLLC, Somers (Bernard V. Kleinman of counsel), for petitioner.

Letitia James, Attorney General, Albany (Allyson B. Levine of counsel), for respondents.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Ontario County [Brian D. Dennis, A.J.], entered Sept. 15, 2021) to review a determination of respondents. The determination denied the request of petitioner for the installation of a whole house generator.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on March 15 and 16, 2022,

It is hereby ordered that said proceeding is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Centra, Lindley, Curran and Bannister, JJ.