Opinion
06-12-2015
In the Matter of COUNTY OF MONROE, 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–Respondents. Whiteman Osterman & Hanna LLP, Albany (Christopher E. Buckey of Counsel), Nancy Rose Stormer, P.C., Utica, and Bond Schoeneck & King, PLLC, for Petitioner–Plaintiff–Respondent–Appellant.
Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of Counsel), for Respondents–Defendants–Appellants–Respondents.
Whiteman Osterman & Hanna LLP, Albany (Christopher E. Buckey of Counsel), Nancy Rose Stormer, P.C., Utica, and Bond Schoeneck & King, PLLC, for Petitioner–Plaintiff–Respondent–Appellant.
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, (Appeal No. 1), 126 A.D.3d 1317, 6 N.Y.S.3d 334 ).
SCUDDER, P.J., SMITH, CARNI, LINDLEY, and DeJOSEPH, JJ., concur.