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ULSTER HOME CARE, INC. v. VACCO

100 N.Y.2d 556 (2003)

795 N.E.2d 13

763 N.Y.S.2d 788

ULSTER HOME CARE, INC., et al., Respondents, v. DENNIS C. VACCO, as Attorney General of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided June 26, 2003.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Victor Paladino, Daniel Smirlock, Robin A. Forshaw and Alyson J. Gill of counsel), for appellant.

Tobin & Dempf, LLP, Albany (Raul A. Tabora, Jr., and Brian R. Haak of counsel), and Castillo & Associates (Gloria Heron Arthur of counsel) for respondents.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, READ and ALTMAN concur in memorandum; Judges ROSENBLATT and GRAFFEO taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and appellant's motion to vacate the preliminary injunction granted.

Subsequent to our decision and remittal in Ulster Home Care v Vacco (96 N.Y.2d 505 [2001]) (Ulster I), the Attorney General moved pursuant to CPLR 6314 to vacate a June 1998 preliminary injunction enjoining him from criminally prosecuting...

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