| Fitzgerald v State of New York |
| 2005 NY Slip Op 03357 [17 AD3d 998] |
| April 29, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Garrett Fitzgerald et al., Respondents, v State of New York, Appellant. (Claim No. 107115.) (Appeal No. 3.) |
—[*1]Appeal from a judgment of the Court of Claims (Richard E. Sise, J.), entered May 4, 2004. The interlocutory judgment ordered that a trial on the issue of damages be scheduled.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Same memorandum as in Bradford v State of New York (17 AD3d 995 [2005]). Present—Pigott, Jr., P.J., Green, Gorski, Smith and Lawton, JJ.