| Warner v State of New York |
| 2018 NY Slip Op 07591 [166 AD3d 1527] |
| November 9, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Richard H. Warner, Individually and as Guardian of
Mary Dorothy Warner, an Incapacitated Person, Appellant, v State of New York, Respondent. (Claim No. 98768.) Richard H. Warner, as Executor of the Estate of Mary Dorothy Warner, Deceased, Appellant, v State of New York, Respondent. (Claim No. 105712.) (Appeal No. 3.) |
The Cosgrove Law Firm, Buffalo (Edward C. Cosgrove of counsel), for claimant-appellant.
Barbara D. Underwood, Attorney General, Albany (Brian D. Ginsburg of counsel), for defendant-respondent.
Appeal from an order of the Court of Claims (J. David Sampson, J.), entered May 31, 2017. The order denied the motion of claimant to set aside judgments pursuant to CPLR 4404 (b).
It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435, 435 [2d Dept 1989]; see also CPLR 5501 [a] [1], [2]). Present—Centra, J.P., Lindley, DeJoseph, NeMoyer and Winslow, JJ.