Davidson v State of New York
2007 NY Slip Op 07117 [43 AD3d 1311]
September 28, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


Ronald Davidson, Respondent, v State of New York, Appellant. (Claim No. 111164.)

—[*1] Andrew M. Cuomo, Attorney General, Albany (Marlene O. Tuczinski of counsel), for defendant-appellant.

Nixon Peabody LLP, Rochester (Spencer D. Phillips of counsel), for claimant-respondent.

Appeal from an order of the Court of Claims (Renée Forgensi Minarik, J.), entered May 2, 2006. The order, among other things, denied defendant's cross motion to dismiss the claim.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, J.P., Gorski, Lunn, Fahey and Peradotto, JJ.