Rivera v State of New York
2018 NY Slip Op 04211 [162 AD3d 1571]
June 8, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2018


[*1]
 Jose Rivera, Appellant,
v
State of New York, Respondent. (Claim No. 120113.) (Appeal No. 2.)

Goldberger & Dubin, P.C., New York City (Stacey Van Malden of counsel), for claimant-appellant.

Barbara D. Underwood, Attorney General, Albany (Patrick A. Woods of counsel), for defendant-respondent.

Appeal from an order of the Court of Claims (Judith A. Hard, J.), entered September 14, 2017. The order denied the motion of claimant for summary judgment, granted the cross 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 decisions at the Court of Claims (59 Misc 3d 1233[A], 2017 NY Slip Op 52002[U]). Present—Whalen, P.J., Smith, Peradotto, DeJoseph and Troutman, JJ.