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PRESTON v. STATE

152 A.D.2d 943 (1989)

Daryl Preston, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 75058.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1989

Order unanimously modified on the law and as modified affirmed without costs and claim dismissed, in accordance with the following memorandum:

The State appeals from so much of the order of the Court of Claims as denied in part its motion for summary judgment. Claimant cross-appeals from the same order to the extent that it granted partial summary judgment to the State dismissing claimant's claim arising from his indictment...

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