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Farinella v. State

Supreme Court of New York, Fourth Department

September 27, 2013

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.

PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.

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.


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