Gardner v State of New York
2016 NY Slip Op 00816 [136 AD3d 1307]
February 5, 2016
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 23, 2016


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  Julie L. Gardner, Respondent, v State of New York, Appellant. (Claim No. 119681.)

Eric T. Schneiderman, Attorney General, Albany (Jonathan D. Hitsous of counsel), for defendant-appellant.

Cellino & Barnes, P.C., Rochester (Timothy R. Hedges of counsel), for claimant-respondent.

Appeal from an order of the Court of Claims (Nicholas V. Midey, Jr., J.), entered July 30, 2014. The order, insofar as appealed from, denied in part the motion of defendant for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Carni, Lindley and DeJoseph, JJ.