Impellizzeri v State of New York
2021 NY Slip Op 07464 [200 AD3d 1741]
December 23, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 2, 2022


[*1]
 David Impellizzeri, Appellant,
v
State of New York, Respondent. (Claim No. 128673.)

Cote & Van Dyke, LLP, Syracuse (Joseph S. Cote, III, of counsel), for claimant-appellant.

Letitia James, Attorney General, Albany (Jonathan D. Hitsous of counsel), for defendant-respondent.

Appeal from an order of the Court of Claims (Richard E. Sise, J.), entered October 25, 2019. The order granted the motion of defendant to dismiss the claim and denied the cross motion of claimant for summary judgment.

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 (2019 NY Slip Op 34278[U] [Ct Cl 2019]). Present—Whalen, P.J., Smith, NeMoyer and Curran, JJ.