Matter of County of Oneida v Shah

Matter of County of Oneida v Shah 2016 NY Slip Op 07542 Decided on November 10, 2016 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 November 10, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, LINDLEY, VALENTINO, AND WHALEN, JJ.
1007/15 CA 14-01887

[*1]IN THE MATTER OF COUNTY OF ONEIDA, PETITIONER-PLAINTIFF-RESPONDENT,

v

NIRAV R. SHAH, M.D., M.P.H., COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH, NEW YORK STATE DEPARTMENT OF HEALTH, RESPONDENTS-DEFENDANTS-APPELLANTS, ET AL., RESPONDENTS-DEFENDANTS. (APPEAL NO. 1.)

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-APPELLANTS.

Appeal, by permission of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered July 15, 2014 in a CPLR article 78 proceeding and a declaratory judgment action. The order granted petitioner's motion for leave to conduct disclosure pursuant to CPLR 408.

It is hereby ORDERED that said appeal is dismissed without costs as moot (see generally Matter of Colonial Sur. Co. v Lakeview Advisors, LLC [appeal No. 1], 125 AD3d 1292, 1292-1293, lv denied 26 NY3d 901).

All concur except Valentino, J., who is not participating.

Entered: November 10, 2016

Frances E. Cafarell

Clerk of the Court