Rink v State of New York (2011 NY Slip Op 06770)

Rink v State of New York

2011 NY Slip Op 06770 [87 AD3d 1372]

September 30, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, November 9, 2011

Ralph Rink, Individually and as Administrator of the Estate of Joanne Rink, Deceased, Claimant,
v
State of New York, Appellant. Excellus Health Plan, Inc., Intervenor-Respondent. (Claim No. 114132.)

—[*1] Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of counsel), for defendant-appellant.

Bond, Schoeneck & King, PLLC, Rochester (Scott M. Philbin of counsel), for intervenor-respondent.

Appeal from an order of the Court of Claims (Diane L. Fitzpatrick, J.), entered April 20, 2010. The order granted the motion of Excellus Health Plan, Inc. for leave to intervene.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for the reasons stated in the decision at the Court of Claims. Present—Scudder, P.J., Smith, Lindley, Sconiers and Gorski, JJ. [Prior Case History: 27 Misc 3d 1159.]