*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 475

CA 10-00935

PRESENT: SMITH, J.P., CENTRA, PERADOTTO, GORSKI, AND MARTOCHE, JJ. RICHIE VARGAS, CLAIMANT-APPELLANT,

V ORDER STATE OF NEW YORK, DEFENDANT-RESPONDENT.

(CLAIM NO. 111449.) PAUL WILLIAM BELTZ, P.C., BUFFALO (DEBRA A. NORTON OF COUNSEL), FOR CLAIMANT-APPELLANT.

ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (ROBERT M. GOLDFARB OF COUNSEL), FOR DEFENDANT-RESPONDENT. Appeal from an order of the Court of Claims (Jeremiah J.

Moriarty, III, J.), entered July 2, 2009 in a personal injury action. The order granted the motion of defendant for summary judgment and dismissed the claim.

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

Entered: April 29, 2011 Patricia L. Morgan

Clerk of the Court