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ROBINSON v. STATE

15 A.D.3d 640 (2005)

789 N.Y.S.2d 918

CHERISE ROBINSON, Respondent, v. STATE OF NEW YORK, Appellant. JUNE DUFFY, Nonparty Appellant. (Claim No. 95245.)

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

February 28, 2005.

Ordered that the appeal by the defendant is dismissed, as it is not aggrieved by the judgment appealed from (see CPLR 5511); and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the claimant payable by June Duffy.

Contrary to the claimant's contention, the Court of Claims had the authority to entertain the appellants' motion to vacate an order dated September 11, 2000, which...

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