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MATTER OF COUNTY OF HERKIMER v. DAINES

CA 10-02129.

83 A.D.3d 1510 (2011)

921 N.Y.S.2d 584

In the Matter of COUNTY OF HERKIMER, Respondent, v. RICHARD F. DAINES, as Commissioner of New York State Department of Health, et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided April 29, 2011.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating subparagraph (B) of the second decretal paragraph and as modified the judgment is affirmed without costs (see Matter of County of St. Lawrence v Daines, 81 A.D.3d 212 [2011]; Matter of County of Niagara v Daines, 79 A.D.3d 1702, 1705...

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