Passalacqua v State of New York
2013 NY Slip Op 02953 [105 AD3d 1447]
April 26, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2013


Joshua Passalacqua, as Administrator of the Estate of Brittany Passalacqua, Deceased, Appellant, v State of New York, Respondent.

—[*1] Kenny & Kenny, PLLC, Syracuse (Justin D. Howland of counsel), for claimant-appellant.

Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of counsel), for defendant-respondent.

Appeal from an order of the Court of Claims (Philip J. Patti, J.), entered March 21, 2012. The order granted the motion of defendant to dismiss 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—Centra, J.P., Fahey, Carni, Whalen and Martoche, JJ.