Matter of Stafkings Healthcare Systems v Commissioner of Health of State of New York
Decided on March 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, SCUDDER, AND LAWTON, JJ.
408 CA 03-01721
[*1]MATTER OF STAFKINGS HEALTHCARE SYSTEMS, INC., PETITIONER-APPELLANT, ORDER
COMMISSIONER OF HEALTH OF STATE OF NEW YORK, RESPONDENT-RESPONDENT.
Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (John V. Centra, J.), entered October 11, 2002 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition as time-barred.
RUFFO, TABORA, MAINELLO & MC KAY, P.C., ALBANY (RAUL A. TABORA, JR., OF COUNSEL), FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (KATHLEEN M. TREASURE OF COUNSEL), FOR RESPONDENT-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: March 19, 2004
JoAnn M. Wahl
Clerk of the Court