SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
March 27, 2009
IN THE MATTER OF COUNTY OF NIAGARA, PETITIONER-RESPONDENT,
RICHARD F. DAINES, AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH, AND NEW YORK STATE DEPARTMENT OF HEALTH, RESPONDENTS-APPELLANTS.
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered July 9, 2008 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: MARTOCHE, J.P., SMITH, CENTRA, FAHEY, AND PINE, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs (see Matter of County of Herkimer v Daines, ___ AD3d ___ [Mar. 27, 2009]).
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