In the Matter of Niagara Homemaker Services, Inc., Doing Business as Mercy Home Care of Western New York, Respondent, v. Richard F. Daines, M.D., as Commissioner of Health of the State of New York, et al., Appellants

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered January 9, 2009 in a proceeding pursuant to CPLR article 78. The judgment, among other things, granted the amended petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present — Scudder, P.J., Peradotto, Lindley and Gorski, JJ.