SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
April 29, 2011
IN THE MATTER OF COUNTY OF HERKIMER,
RICHARD F. DAINES, AS COMMISSIONER OF NEW YORK STATE DEPARTMENT
OF HEALTH, AND NEW YORK STATE DEPARTMENT OF HEALTH,
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered May 3, 2010 in a proceeding pursuant to CPLR article 78.
Matter of County of Herkimer 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 petition and directed respondents to reimburse petitioner the sum of $692,296.37.
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 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
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