Matter of City of Utica v Daines
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Matter of City of Utica v Daines
2013 NY Slip Op 02165
Decided on April 2, 2013
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on April 2, 2013
No. 121 SSM 4
[*1]In the Matter of the City of Utica, Respondent,
v
Richard F. Daines, as Commissioner of Health, et al., Appellants, Utica Ambulance Service, Inc., Doing Business as Kunkel Ambulance Service, Intervenor-Appellant.
Submitted by Patrick J. Fitzgerald, III, for intervenor-
appellant.
Submitted by Matthew J. Kelly, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, order reversed, without costs, and the proceeding remitted to Supreme Court, Albany County, with directions to dismiss the proceeding solely on the ground of mootness. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera concur.
Decided April 2, 2013
Decided on April 2, 2013
No. 121 SSM 4
[*1]In the Matter of the City of Utica, Respondent,
v
Richard F. Daines, as Commissioner of Health, et al., Appellants, Utica Ambulance Service, Inc., Doing Business as Kunkel Ambulance Service, Intervenor-Appellant.
Submitted by Patrick J. Fitzgerald, III, for intervenor-
appellant.
Submitted by Matthew J. Kelly, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, order reversed, without costs, and the proceeding remitted to Supreme Court, Albany County, with directions to dismiss the proceeding solely on the ground of mootness. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera concur.
Decided April 2, 2013
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