Martinez v State of New York
Motion No: 2004-10673
Slip Opinion No: 2006 NYSlipOp 75254(U)
Decided on September 12, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M44154

G/sl

DAVID S. RITTER, J.P.

WILLIAM F. MASTRO

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2004-10673

Fabian Martinez, etc., et al., respondents,

v State of New York, appellant.

(Claim No. 100100)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to appeal to the Court of Appeals from a decision and order of this court, dated May 9, 2006, which determined an appeal from an interlocutory judgment of the Court of Claims dated October 29, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., MASTRO, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court