Utica Partners LLC v. N.Y. State Dep't of Health

Full title: In the Matter of UTICA PARTNERS LLC, Doing Business as DIALYSIS CENTER OF…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: May 2, 2017

2017 N.Y. Slip Op. 72806 (N.Y. App. Div. 2017)

2017 N.Y. Slip Op. 78016

Opinion

Motion No: 524694

05-02-2017

In the Matter of UTICA PARTNERS LLC, Doing Business as DIALYSIS CENTER OF ONEIDA, Petitioner, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

Garry, J.P., Lynch and Aarons, JJ., concur.

DECISION AND ORDER ON MOTION

Motion to vacate temporary restraining order pursuant to CPLR 5704 (a).

Cross motion to dismiss motion to vacate temporary restraining order.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, without costs, and it is further

ORDERED that the cross motion is denied, without costs.

Garry, J.P., Lynch and Aarons, JJ., concur.

Egan Jr. and Devine, JJ., dissent.

ENTER:

Robert D. Mayberger

Clerk of the Court