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In the Matter of County of Erie v. Richard F. Daines

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


April 29, 2011

IN THE MATTER OF COUNTY OF ERIE,
PETITIONER-RESPONDENT,
v.
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, Erie County (Donna M. Siwek, J.), entered July 15, 2010 in a proceeding pursuant to CPLR article 78.

Matter of County of Erie v Daines

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 April 29, 2011

PRESENT: SCUDDER, P.J., SMITH, LINDLEY, GREEN, AND GORSKI, JJ.

The judgment, among other things, granted the second amended petition, directed respondents to reimburse petitioner the sum of $3,582,807.37 and directed respondents to pay sanctions in the amount of $11,674.48.

It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating subparagraph (B) of the second decretal paragraph and vacating the third decretal paragraph and as modified the judgment is affirmed without costs (see Matter of County of St. Lawrence v Daines, 81 AD3d 212; Matter of County of Niagara v Daines, 79 AD3d 1702, 1705-1706).

Entered: April 29, 2011

Patricia L. Morgan Clerk of the Court

20110429

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