Smiley v State of New York (2020 NY Slip Op 06634)

Smiley v State of New York

2020 NY Slip Op 06634 [188 AD3d 1661]

November 13, 2020

Appellate Division, Fourth Department

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

As corrected through Wednesday, December 30, 2020

[*1]

Robert Smiley, Appellant,
v
State of New York, Respondent. (Claim No. 116640.) (Appeal No. 1.)

Stanley Law Offices, LLP, Syracuse (Anthony R. Martoccia of counsel), for claimant-appellant.

Letitia James, Attorney General, Albany (Sarah L. Rosenbluth of counsel), for defendant-respondent.

Appeal from an order of the Court of Claims (Diane L. Fitzpatrick, J.), entered November 19, 2019. The order awarded claimant damages in accordance with CPLR article 50-B.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988, 988 [4th Dept 1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1st Dept 1978]; see also CPLR 5501 [a] [1]). Present—Peradotto, J.P., Carni, Lindley, Curran and Bannister, JJ.