Opinion
No. CA 08-02035.
December 30, 2009.
Appeal from a judgment of the Court of Claims (Jeremiah J. Moriarty, III, J.), entered July 31, 2008. The judgment granted the motion of defendant to dismiss the claim for medical malpractice.
DOMINIC PELLEGRINO, ROCHESTER, FOR CLAIMANT-APPELLANT.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (MICHAEL S. BUSKUS OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Hurlbutt, J.P., Fahey, Peradotto, Green and Gorski, JJ.
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.