Matter of Stafkings Healthcare Systems v Commissioner of Health of State of New York

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Matter of Matter of Stafkings Healthcare Systems v Commissioner of Health of State of New York 2004 NY Slip Op 02022 [5 AD3d 1131] Decided on March 19, 2004 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 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

v

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