| Matter of County of Herkimer v Daines |
| 2011 NY Slip Op 03375 [83 AD3d 1510] |
| April 29, 2011 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of County of Herkimer, Respondent, v Richard F. Daines, as Commissioner of New York State Department of Health, et al., Appellants. |
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Whiteman, Osterman & Hanna LLP, Albany (Christopher E. Buckey of counsel) and Nancy Rose Stormer, P.C., Utica, for petitioner-respondent.
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. 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 [2011]; Matter of County of Niagara v Daines, 79 AD3d 1702, 1705-1706 [2010]). Present—Scudder, P.J., Smith, Lindley, Green and Gorski, JJ.