Matter of County of Herkimer v Daines

2011 NY Slip Op 03375 [83 AD3d 1510]

April 29, 2011

Appellate Division, Fourth Department

As corrected through Wednesday, June 8, 2011

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

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

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

Appeal from a judgment (denominated order and judgment) of the Supreme Court, HerkimerCounty (Michael E. Daley, J.), entered May 3, 2010 in a proceeding pursuant to CPLR article 78.The judgment, among other things, granted the petition and directed respondents to reimbursepetitioner the sum of $692,296.37.

It is hereby ordered that the judgment so appealed from is unanimously modified on the lawby vacating subparagraph (B) of the second decretal paragraph and as modified the judgment isaffirmed without costs (see Matter ofCounty of St. Lawrence v Daines, 81 AD3d 212 [2011]; Matter of County of Niagara v Daines,79 AD3d 1702, 1705-1706 [2010]). Present—Scudder, P.J., Smith, Lindley, Greenand Gorski, JJ.