Triftshauser v State of New York
2007 NY Slip Op 08579 [45 AD3d 1354]
November 9, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


Clark Triftshauser, Appellant, v State of New York, Respondent. (Claim No. 110195.)

—[*1] Ottaviano & Sansone, LLP, Lockport (John S. Sansone of counsel), for claimant-appellant.

Andrew M. Cuomo, Attorney General, Albany (James L. Gelormini of counsel), for defendant-respondent.

Appeal from an order of the Court of Claims (Renee Forgensi Minarik, J.), entered August 7, 2006. The order, among other things, granted defendant's 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 for reasons stated in the decision at the Court of Claims. Present—Scudder, P.J., Hurlbutt, Green and Pine, JJ.