Ray v Franchini

Ray v Franchini 2015 NY Slip Op 08274 Decided on November 13, 2015 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 November 13, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, WHALEN, AND DEJOSEPH, JJ.
1145 CA 15-00548

[*1]CARRIANN RAY, PLAINTIFF-APPELLANT,

v

ANNETTE FRANCHINI, INDIVIDUALLY AND AS DIRECTOR OF HUMAN RESOURCES, NEW YORK STATE EDUCATION DEPARTMENT, DEFENDANT-RESPONDENT.

O'HARA, O'CONNELL & CIOTOLI, FAYETTEVILLE (STEPHEN CIOTOLI OF COUNSEL), FOR PLAINTIFF-APPELLANT.

HINMAN STRAUB P.C., ALBANY (JOSEPH M. DOUGHERTY OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order and judgment (one paper) of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered November 19, 2014. The order and judgment granted the motion of defendant to dismiss the complaint and dismissed the complaint.

It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (see Ingle v Glamore Motor Sales , 73 NY2d 183, 188-190).

Entered: November 13, 2015

Frances E. Cafarell

Clerk of the Court