Farinella v State of New York
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Farinella v State of New York
2013 NY Slip Op 06224
Released on September 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.
1016 CA 13-00418
[*1]GUS MICHAEL FARINELLA, AS ADMINISTRATOR OF THE ESTATE OF MAGDALENA MARTA LUBOWSKA, DECEASED, MARIUSZ LUBOWSKI AND KATARZYNA LUBOWSKA, CLAIMANTS-APPELLANTS,
v
STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 116051.)
Appeal from an order of the Court of Claims (Michael E. Hudson, J.), entered June 1, 2012. The order granted the motion of defendant for summary judgment dismissing the claim.
SANDERS, SANDERS, BLOCK, WOYCIK, VIENER & GROSSMAN, P.C., MINEOLA (EDWARD J. NITKEWICZ OF COUNSEL), FOR CLAIMANTS-APPELLANTS.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (JULIE M. SHERIDAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.
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: September 27, 2013
Frances E. Cafarell
Clerk of the Court
Released on September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.
1016 CA 13-00418
[*1]GUS MICHAEL FARINELLA, AS ADMINISTRATOR OF THE ESTATE OF MAGDALENA MARTA LUBOWSKA, DECEASED, MARIUSZ LUBOWSKI AND KATARZYNA LUBOWSKA, CLAIMANTS-APPELLANTS,
v
STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 116051.)
Appeal from an order of the Court of Claims (Michael E. Hudson, J.), entered June 1, 2012. The order granted the motion of defendant for summary judgment dismissing the claim.
SANDERS, SANDERS, BLOCK, WOYCIK, VIENER & GROSSMAN, P.C., MINEOLA (EDWARD J. NITKEWICZ OF COUNSEL), FOR CLAIMANTS-APPELLANTS.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (JULIE M. SHERIDAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.
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: September 27, 2013
Frances E. Cafarell
Clerk of the Court
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