LYNCH-MILLER v. STATE OF NEW YORK

727 CA 21-01347.

209 A.D.3d 1294 (2022)

176 N.Y.S.3d 404

2022 NY Slip Op 05640

Ru-Jan Lynch-Miller, Appellant, v. State of New York, Respondent. (Claim No. 131983.)

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

Decided October 7, 2022.


Attorney(s) appearing for the Case

PARISI & BELLAVIA, ROCHESTER ( TIMOTHY C. BELLAVIA OF COUNSEL), FOR CLAIMANT-APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( SEAN P. MIX OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Peradotto, J.P., Lindley, Curran, Winslow and Bannister, JJ.


Appeal from an order of the Court of Claims (Debra A. Martin, J.), entered September 1, 2021. The order, insofar as appealed from, granted that part of the motion of defendant seeking summary judgment dismissing the claim against defendant.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is denied in part, and the claim is reinstated against defendant.

Memorandum: Claimant commenced...

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