Opinion
05-01-2015
In the Matter of COUNTY OF GENESEE, Petitioner–Plaintiff–Respondent, v. Nira R. SHAH, M.D., M.P.H., Commissioner, New York State Department of Health and New York State Department of Health, Respondents–Defendants–Appellants.
Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of Counsel), for Respondents–Defendants–Appellants. Whiteman Osterman & Hanna LLP, Albany (Christopher E. Buckey of Counsel), and Nancy Rose Stormer, P.C., Utica, for Petitioner–Plaintiff–Respondent.
Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of Counsel), for Respondents–Defendants–Appellants.
Whiteman Osterman & Hanna LLP, Albany (Christopher E. Buckey of Counsel), and Nancy Rose Stormer, P.C., Utica, for Petitioner–Plaintiff–Respondent.
Opinion
It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by denying the petition-complaint in its entirety and granting judgment in favor of respondents-defendants as follows:
It is ADJUDGED and DECLARED that section 61 of part D of section 1 of chapter 56 of the Laws of 2012 has not been shown to be unconstitutional,
and as modified the judgment is affirmed without costs (see Matter of County of Chautauqua v. Shah, 126 A.D.3d 1317, 6 N.Y.S.3d 334 ).
SMITH, J.P., CARNI, LINDLEY, SCONIERS, and DeJOSEPH, JJ., concur.