
    In the Matter of County of Niagara, Respondent, v Richard F. Daines, as Commissioner of New York State Department of Health, et al., Appellants.
    [874 NYS2d 924] —
   Appeal from a judgment (denominated order and judgment) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered July 9, 2008 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs (see Matter of County of Herkimer v Baines, 50 AD3d 1456 [2009]). Present—Martoche, J.P., Smith, Centra, Fahey and Pine, JJ.  