Van Buskirk v State of New York
2010 NY Slip Op 01083 [70 AD3d 1313]
February 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


Scott Van Buskirk, Appellant, v State of New York, Respondent. (Claim No. 107578.)

—[*1] Cellino & Barnes, P.C., Buffalo (Ellen B. Sturm of counsel), for claimant-appellant.

Andrew M. Cuomo, Attorney General, Albany (Paul Groenwegen of counsel), for defendant-respondent.

Appeal from an order of the Court of Claims (Michael E. Hudson, J.), entered December 15, 2008. The order granted the motion of defendant for summary judgment dismissing the claim.

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