Halling v State of New York
2009 NY Slip Op 09906 [68 AD3d 1791]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


Christopher Halling, Appellant, v State of New York, Respondent.

—[*1] Dominic Pellegrino, Rochester, for claimant-appellant.

Andrew M. Cuomo, Attorney General, Albany (Michael S. Buskus of counsel), for defendant-respondent.

Appeal from a judgment of the Court of Claims (Jeremiah J. Moriarty, III, J.), entered July 31, 2008. The judgment granted the motion of defendant to dismiss the claim for medical malpractice.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at the Court of Claims. Present—Hurlbutt, J.P., Fahey, Peradotto, Green and Gorski, JJ.