*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1280

CA 11-01349

PRESENT: SCUDDER, P.J., SMITH, GREEN, GORSKI, AND MARTOCHE, JJ. PARTNERS TRUST BANK, FORMERLY KNOWN AS SBU BANK,

FORMERLY KNOWN AS SAVINGS BANK OF UTICA,

CLAIMANT-RESPONDENT,

V ORDER STATE OF NEW YORK, DEFENDANT-APPELLANT.

(CLAIM NO. 107502.)

(APPEAL NO. 2.)

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (OWEN DEMUTH OF COUNSEL), FOR DEFENDANT-APPELLANT. GILBERTI STINZIANO HEINTZ & SMITH, P.C., SYRACUSE (KEVIN G. ROE OF COUNSEL), AND SIDNEY DEVORSETZ, PLLC, FOR CLAIMANT-RESPONDENT.

Appeal from a judgment of the Court of Claims (Diane L.

Fitzpatrick, J.), entered September 7, 2010. The judgment awarded claimant money damages after a nonjury trial.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at the Court of Claims.

Entered: December 23, 2011 Frances E. Cafarell

Clerk of the Court