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MATTER OF BLUE v. ZUCKER

990.1 TP 20-00512.

192 A.D.3d 1693 (2021)

2021 NY Slip Op 01924

In the Matter of Michaeljon Blue, Petitioner/Plaintiff, v. Howard A. Zucker, Commissioner, New York State Department of Health, et al., Respondents/Defendants.

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

Decided March 26, 2021.

Attorney(s) appearing for the Case

EMPIRE JUSTICE CENTER, ROCHESTER ( FIONA WOLFE OF COUNSEL), LEGAL ASSISTANCE OF WESTERN NEW YORK, INC., AND DISABILITY RIGHTS NEW YORK, FOR PETITIONER-PLAINTIFF.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( BRIAN D. GINSBERG OF COUNSEL), FOR RESPONDENT-DEFENDANT HOWARD A. ZUCKER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH.

LAW OFFICES OF PULLANO & FARROW, ROCHESTER ( MICHAEL P. SCOTT-KRISTANSEN OF COUNSEL), FOR RESPONDENT-DEFENDANT THE SHORE WINDS, LLC.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Troutman, JJ.

It is hereby ordered that the order insofar as it transferred that part of the action/proceeding seeking declaratory relief is unanimously vacated without costs, the declaratory judgment action and CPLR article 78 proceeding are severed, the declaratory judgment action is remitted to Supreme Court, Monroe County, for further proceedings, and the determination is confirmed without costs.

Memorandum: Petitioner/plaintiff (petitioner) commenced this hybrid CPLR article...

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