Spears v. State of New York

2020 NY Slip Op 1805, 118 N.Y.S.3d 479, 181 A.D.3d 1219

Opinion

Spears v State of New York (2020 NY Slip Op 01805)

Spears v State of New York

2020 NY Slip Op 01805

Decided on March 13, 2020

Appellate Division, Fourth Department

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 13, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND TROUTMAN, JJ.

366 CA 19-01873

[*1]PATRICIA SPEARS AND RAYMOND SPEARS, CLAIMANTS-APPELLANTS,

v

STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 125368.)

ANDREWS, BERNSTEIN, MARANTO & NICOTRA, PLLC, BUFFALO (ANDREW J. CONNELLY OF COUNSEL), FOR CLAIMANTS-APPELLANTS.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (SARAH L. ROSENBLUTH OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Court of Claims (Michael E. Hudson, J.), entered March 18, 2019. The order granted the motion of defendant for summary judgment and dismissed 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.

Entered: March 13, 2020

Mark W. Bennett

Clerk of the Court