Partners Trust Bank v State of New York (2011 NY Slip Op 09395)

Partners Trust Bank v State of New York

2011 NY Slip Op 09395 [90 AD3d 1514]

December 23, 2011

Appellate Division, Fourth Department

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

As corrected through Wednesday, February 1, 2012

Partners Trust Bank, Formerly Known as SBU Bank, Respondent,
v
State of New York, Appellant. (Claim No. 107502.) (Appeal No. 2.)

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

Gilberti Stinziano Heintz & Smith, P.C., Syracuse (Kevin G. Roe of counsel) and Sidney Devorsetz, PLLC, for claimant-respondent.

Appeal from a judgment of the Court of Claims (Diane L. Fitzpatrick, J.), entered September 7, 2010. The judgment awarded claimant money damages after a nonjury trial.

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—Scudder, P.J., Smith, Green, Gorski and Martoche, JJ.