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In the Matter of COUNTY OF ERIE, Respondent, v. RICHARD F. DAINES, as Commissioner of New York State Department of Health, et al., Appellants.

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).

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IN RE COUNTY OF ERIE
(Apr 29, 2011)