Keenan v State of New York
2008 NY Slip Op 10409 [57 AD3d 1504]
December 31, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


David Keenan, Respondent, v State of New York, Appellant. (Claim No. 113059.)

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

Daniel M. Dimatteo, Batavia, for claimant-respondent.

Appeal from an order of the Court of Claims (Renee Forgensi Minarik, J.), entered July 13, 2007. The order denied the motion of defendant for partial summary judgment.

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