Opinion
CA 03-01134.
February 11, 2004.
Appeal and cross appeal from an order of the Court of Claims (Nicholas V. Midey, Jr., J.), entered February 7, 2003. The order denied defendant's motion for summary judgment dismissing the claim and claimants' cross motion for partial summary judgment on liability.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (ERIC A. JOHNSON OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
CHERUNDOLO, BOTTAR LEONE, P.C., SYRACUSE (EDWARD S. LEONE OF COUNSEL), FOR CLAIMANTS-RESPONDENTS-APPELLANTS.
Before: PRESENT: PINE, J.P., WISNER, SCUDDER, KEHOE, AND HAYES, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at the Court of Claims.