Matter of City of Utica v Daines, 21 NY3d 878 (2013)

2013 NY Slip Op 02165 [21 NY3d 878]
April 2, 2013
Court of Appeals

[*1]

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.

Decided April 2, 2013

Matter of City of Utica v Daines, 95 AD3d 1467, reversed.

{**21 NY3d at 879} 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 and Rivera.