Opinion
11-10-2016
In the Matter of COUNTY OF ONEIDA, Petitioner–Plaintiff–Respondent, v. Nira 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.
Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of Counsel), for respondents-defendants-appellants.
PRESENT: SCUDDER, P.J., SMITH, LINDLEY, VALENTINO, and WHALEN, JJ.
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 A.D.3d 1292, 1292–1293, 3 N.Y.S.3d 800, lv. denied 26 N.Y.3d 901, 2015 WL 5123384 ).
All concur except VALENTINO, J., who is not participating.