*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 445

CA 10-02128

PRESENT: SCUDDER, P.J., SMITH, LINDLEY, GREEN, AND GORSKI, JJ. IN THE MATTER OF COUNTY OF ERIE,

PETITIONER-RESPONDENT,

V ORDER RICHARD F. DAINES, AS COMMISSIONER OF NEW YORK

STATE DEPARTMENT OF HEALTH, AND NEW YORK STATE

DEPARTMENT OF HEALTH, RESPONDENTS-APPELLANTS. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

WHITEMAN OSTERMAN & HANNA LLP, ALBANY (CHRISTOPHER E. BUCKEY OF COUNSEL), AND NANCY ROSE STORMER, P.C., UTICA, FOR

PETITIONER-RESPONDENT. Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Donna M. Siwek, J.), entered July 15, 2010 in a proceeding pursuant to CPLR article 78. The judgment, among other things, granted the second amended petition, directed respondents to reimburse petitioner the sum of $3,582,807.37 and directed respondents to pay sanctions in the amount of $11,674.48.

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 vacating the third decretal paragraph and as modified the judgment is affirmed without costs ( see Matter of County of St. Lawrence v Daines , 81 AD3d 212; Matter of County of Niagara v Daines , 79 AD3d 1702, 1705-1706).

Entered: April 29, 2011 Patricia L. Morgan

Clerk of the Court