Black v State of New York

Black v State of New York 2015 NY Slip Op 01359 Decided on February 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 February 13, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, CARNI, AND SCONIERS, JJ.
1196 CA 14-00316

[*1]ANTOINETTE BLACK, AS TEMPORARY ADMINISTRATOR OF THE ESTATE OF SERGIO BLACK, DECEASED, CLAIMANT-RESPONDENT-APPELLANT,

v

STATE OF NEW YORK, DEFENDANT-APPELLANT-RESPONDENT. (CLAIM NO. 115567.) (APPEAL NO. 1.)

Appeal and cross appeal from an order of the Court of Claims (Diane L. Fitzpatrick, J.), entered February 20, 2013. The order determined that, for the purposes of determining the discount rate under CPLR 5031, the date of decision is March 30, 2012.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ROBERT M. GOLDFARB OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

It is hereby ORDERED that said appeal and cross appeal are unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy , 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts , 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).

Entered: February 13, 2015

Frances E. Cafarell

Clerk of the Court