Matter of Desa v State of New York

Matter of Desa v State of New York 2015 NY Slip Op 08300 Decided on November 13, 2015 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 13, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.
1198 CA 15-00610

[*1]IN THE MATTER OF ANTHONY DESA, M.B., B.S., PETITIONER-RESPONDENT,

v

STATE OF NEW YORK, SUNY UPSTATE MEDICAL UNIVERSITY, WILLIAM D. GRANT, Ed.D, AND STEPHEN J. KNOHL, M.D., RESPONDENTS-APPELLANTS. (APPEAL NO. 2.)

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ROBERT M. GOLDFARB OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

WEISBERG & ZUKHER, PLLC, SYRACUSE (DAVID E. ZUKHER OF COUNSEL), FOR PETITIONER-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered June 20, 2014 in a proceeding pursuant to CPLR article 78. The order awarded petitioner attorney's fees and costs.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Villar v Howard, 126 AD3d 1297, 1300).

Entered: November 13, 2015

Frances E. Cafarell

Clerk of the Court