Johnson v State of New York

Johnson v State of New York 2010 NY Slip Op 05204 [74 AD3d 1869] June 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2010

Mark Johnson, Also Known as William Utsey, Appellant, v State of New York, Respondent. (Claim No. 105385.)

—[*1] The Berkman Law Office, LLC, Brooklyn (David Tolchin of counsel), for claimant-appellant.

Andrew M. Cuomo, Attorney General, Albany (Rajit S. Dosanjh of counsel), for defendant-respondent.

Appeal from an order of the Court of Claims (Philip J. Patti, J.), entered December 9, 2008 in a personal injury action. The order denied claimant's motion to vacate the dismissal of 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. Present—Smith, J.P., Lindley, Sconiers, Pine and Gorski, JJ.