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In the Matter of the Application of Dorothy Gilbert v. David Sutkowy

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 10, 2011

IN THE MATTER OF THE APPLICATION OF DOROTHY GILBERT,
PETITIONER-APPELLANT,
v.
DAVID SUTKOWY, COMMISSIONER, ONONDAGA COUNTY
DEPARTMENT OF SOCIAL SERVICES, AND DAVID A. HANSELL,
COMMISSIONER, NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE,
RESPONDENTS-RESPONDENTS.

Appeal from a judgment of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered November 16, 2009 in a proceeding pursuant to CPLR article 78. The judgment denied the petition and granted the motions of respondents to dismiss the petition pursuant to CPLR 3211 (a) (7).

Matter of Gilbert v. Sutkowy

Decided on February 10, 2011 Appellate Division, Fourth Department 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. Decided on February 10, 2011

PRESENT: SMITH, J.P., CARNI, SCONIERS, GREEN, AND GORSKI, JJ.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on November 9 and 16, 2010,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court

20110210

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