Matter of Niagara Homemaker Servs., Inc. v Daines

Matter of Niagara Homemaker Servs., Inc. v Daines 2010 NY Slip Op 02264 [71 AD3d 1462] March 19, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 28, 2010

In the Matter of Niagara Homemaker Services, Inc., Doing Business as Mercy Home Care of Western New York, Respondent,
v
Richard F. Daines, M.D., as Commissioner of Health of the State of New York, et al., Appellants.

—[*1] Andrew M. Cuomo, Attorney General, Albany (Victor Paladino of counsel), for respondents-appellants.

Harter Secrest & Emery LLP, Rochester (Thomas G. Smith of counsel), for petitioner-respondent.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered January 9, 2009 in a proceeding pursuant to CPLR article 78. The judgment, among other things, granted the amended petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Peradotto, Lindley and Gorski, JJ.