MATTER OF CITY OF UTICA v. DAINES

No. 121 SSM 4.

21 N.Y.3d 878 (2013)

988 N.E.2d 513

965 N.Y.S.2d 777

2013 NY Slip Op 2165

In the Matter of CITY OF UTICA, Respondent, v. RICHARD F. DAINES, as Commissioner of Health, et al., Appellants. UTICA AMBULANCE SERVICE, INC., Doing Business as KUNKEL AMBULANCE SERVICE, Intervenor-Appellant.

Court of Appeals of New York.

Decided April 2, 2013.


Attorney(s) appearing for the Case

Girvin & Ferlazzo, P.C., Albany ( Patrick J. Fitzgerald, III , of counsel), for intervenor-appellant.

Roemer Wallens Gold & Mineaux, LLP, Albany ( Matthew J. Kelly of counsel), for respondent.


OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, without costs, and the proceeding remitted to Supreme Court, Albany County, with directions to dismiss the proceeding solely on the ground of mootness.

Concur: Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT...

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