*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 458

CA 12-02102

PRESENT: CENTRA, J.P., FAHEY, CARNI, WHALEN, AND MARTOCHE, JJ. JOSHUA PASSALACQUA, AS ADMINISTRATOR OF THE

ESTATE OF BRITTANY PASSALACQUA, DECEASED,

CLAIMANT-APPELLANT,

V ORDER STATE OF NEW YORK, DEFENDANT-RESPONDENT.

(CLAIM NO. 120604.)

KENNY & KENNY, PLLC, SYRACUSE (JUSTIN D. HOWLAND OF COUNSEL), FOR CLAIMANT-APPELLANT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATE H. NEPVEU OF COUNSEL), FOR DEFENDANT-RESPONDENT. Appeal from an order of the Court of Claims (Philip J. Patti, J.), entered March 21, 2012. 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