This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
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No. 69 SSM 43
In the Matter of County of
Broome,
            Respondent,
        v.
Nirav R. Shah, &c., et al.,
            Appellants.




            Submitted by Victor Paladino, for appellants.
            Respondent, precluded.




*   *   *     *   *   *   *   *   *   *   *   *   *   *     *   *   *

On review of submissions pursuant to section 500.11 of the Rules,
order reversed, without costs, petition dismissed in its
entirety, and a declaration made in favor of respondents Nirav R.
Shah, &c., et al. that section 61 of part D of Chapter 56 of the
Laws of 2012 has not been shown to be unconstitutional (see
Matter of County of Chemung v Shah, 28 NY3d 244 [2016]). Chief
Judge DiFiore and Judges Rivera, Abdus-Salaam, Garcia and Wilson
concur. Judges Stein and Fahey took no part.


Decided February 16, 2017
