| Pelton v State of New York |
| 2005 NY Slip Op 04854 [19 AD3d 1115] |
| June 10, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Darlene S. Pelton, Individually and as Guardian of Garret L. Pelton, an Incapacitated Person, Respondent, v State of New York, Appellant. (Claim No. 107111.) (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 Clapp v State of New York (19 AD3d — [2005]). Present—Pigott, Jr., P.J., Green, Gorski, Pine and Lawton, JJ.