Matter of County of Niagara v Daines
2009 NY Slip Op 02411 [60 AD3d 1460]
March 27, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


In the Matter of County of Niagara, Respondent, v Richard F. Daines, as Commissioner of New York State Department of Health, et al., Appellants.

—[*1] Andrew M. Cuomo, Attorney General, Albany (Victor Paladino of counsel), for respondents-appellants.

Whiteman Osterman & Hanna LLP, Albany (Christopher E. Buckey of counsel), for petitioner-respondent.

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.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs (see Matter of County of Herkimer v Daines, 50 AD3d 1456 [2009]). Present—Martoche, J.P., Smith, Centra, Fahey and Pine, JJ.