Markowitz v State of New York
2009 NY Slip Op 02074 [60 AD3d 1355]
March 20, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


Elliot Markowitz, Respondent, v State of New York, Appellant. (Claim No. 105735.)

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

Roura & Melamed, New York City, Pollack, Pollack, Isaac & Decicco (Jillian Rosen of counsel), for claimant-respondent.

Appeal from an order of the Court of Claims (Philip J. Patti, J.), entered August 31, 2007 in a negligence action. The order, insofar as appealed from, granted the motion of claimant to vacate the note of issue and denied defendant's motion for a protective order.

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