
    In the Matter of County of Erie, Respondent, v Richard F. Daines, Commissioner, New York State Department of Health, et al., Appellants.
    [945 NYS2d 889]
   Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Donna M. Siwek, J.), entered April 1, 2011 in a proceeding pursuant to CELR 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 Niagara v Daines, 91 AD3d 1288 [2012]). Present — Scudder, P.J., Smith, Carni, Lindley and Martoche, JJ.  