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Joshua Passalacqua, As Administrator of the Estate of Brittany Passalacqua, Deceased v. State of New York

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


April 26, 2013

JOSHUA PASSALACQUA, AS ADMINISTRATOR OF THE ESTATE OF BRITTANY PASSALACQUA, DECEASED,
CLAIMANT-APPELLANT,
v.
STATE OF NEW YORK,
DEFENDANT-RESPONDENT. (CLAIM NO. 120604.)

Appeal from an order of the Court of Claims (Philip J. Patti, J.), entered March 21, 2012.

Passalacqua v State of New York

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.

Released on April 26, 2013

PRESENT: CENTRA, J.P., FAHEY, CARNI, WHALEN, AND MARTOCHE, JJ.

The order granted the motion of defendant to dismiss 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.

Entered: April 26, 2013

Frances E. Cafarell Clerk of the Court

20130426

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