Farinella v State of New York
2013 NY Slip Op 06224 [109 AD3d 1215]
September 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2013


Gus Michael Farinella, as Administrator of the Estate of Magdalena Marta Lubowska, Deceased, et al., Appellants, v State of New York, Respondent. (Claim No. 116051.)

—[*1] Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., Mineola (Edward J. Nitkewicz of counsel), for claimants-appellants.

Eric T. Schneiderman, Attorney General, Albany (Julie M. Sheridan of counsel), for defendant-respondent.

Appeal from an order of the Court of Claims (Michael E. Hudson, J.), entered June 1, 2012. 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—Smith, J.P., Fahey, Sconiers, Valentino and Whalen, JJ.