Olin v State of New York
2011 NY Slip Op 02272 [82 AD3d 1682]
March 25, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


David J. Olin, Appellant, v State of New York et al., Respondents. (Claim No. 112120.)

—[*1] Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for claimant-appellant.

Rupp, Baase, Pfalzgraf, Cunningham & Coppola, LLC, Buffalo (Michael T. Feeley of counsel), for defendants-respondents.

Appeal from an order of the Court of Claims (Jeremiah J. Moriarty, III, J.), entered December 8, 2009. The order denied the motion of claimant for partial summary judgment pursuant to Labor Law § 240 (1).

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