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In the Matter of the City of Utica v. Richard F. Daines

New York Court of Appeals


April 2, 2013

IN THE MATTER OF THE CITY OF UTICA, RESPONDENT,
v.
RICHARD F. DAINES, AS COMMISSIONER OF HEALTH, ET AL., APPELLANTS, UTICA AMBULANCE SERVICE, INC., DOING BUSINESS AS KUNKEL AMBULANCE SERVICE, INTERVENOR-APPELLANT.

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

On review of submissions pursuant to section 500.11 of the Rules, order reversed, without costs, and the proceeding remitted to Supreme Court, Albany County, with directions to dismiss the proceeding solely on the ground of mootness. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera concur.

20130402

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