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08-979 - Capital District Physicians' Health Plan, Inc. v. Ryan


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08-979 - Capital District Physicians' Health Plan, Inc. v. Ryan
September 26, 2008
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ORDER: that Defendant's Motion to vacate the temporary restraining order (Dkt. No. 3) is DENIED; and it is further ORDERED, that Plaintiff's Motion to Remand (Dkt. 12) is GRANTED; and it is further ORDERED, that the action is remanded to New York State Supreme Court, Saratoga County, for further proceedings, with the TRO in the same posture and effect as it was prior to Defendant's filing of the Notice of Removal; and it is further ORDERED, that neither party shall be awarded costs on their respective motions. A copy of this Order has been sent via regular mail to Saratoga County Supreme Court. Signed by Senior Judge Lawrence E. Kahn on 9/26/08. (sg)