Malik v State of New York
2008 NY Slip Op 05159 [52 AD3d 1235] [52 AD3d 1235]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


Abdul-Jabbor Malik, Respondent, v State of New York, Appellant. (Claim No. 112866.)

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

Appeal from an order of the Court of Claims (Michael E. Hudson, J.), entered February 21, 2007. The order, insofar as appealed from, denied the cross motion of defendant to dismiss the claim.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs (see Scott v State of New York, 18 Misc 3d 455 [2006], affd for reasons stated 46 AD3d 664 [2007]). Present—Scudder, P.J., Hurlbutt, Smith, Green and Gorski, JJ.