Matter of County of Niagara v Daines

2009 NY Slip Op 02411 [60 AD3d 1460]

March 27, 2009

Appellate Division, Fourth Department

As corrected through Wednesday, May 6, 2009

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

—[*1]Andrew M. Cuomo, Attorney General, Albany (Victor Paladino of counsel), forrespondents-appellants.

Whiteman Osterman & Hanna LLP, Albany (Christopher E. Buckey of counsel), forpetitioner-respondent.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, NiagaraCounty (Ralph A. Boniello, III, J.), entered July 9, 2008 in a proceeding pursuant to CPLRarticle 78. The judgment granted the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed withoutcosts (see Matter of County of Herkimer v Daines, 50 AD3d 1456 [2009]).Present—Martoche, J.P., Smith, Centra, Fahey and Pine, JJ.