Opinion
No. 20 SSM 26
01-06-2022
Dorothy REAMES, as Executrix of H. Carlton Reames, Deceased, Appellant, v. STATE of New York et al., Respondents.
Mackenzie Hughes LLP, Syracuse (W. Bradley Hunt of counsel), for appellant. Letitia James, Attorney General, Albany (Jonathan D. Hitsous, Barbara D. Underwood, Andrea Oser and Julie M. Sheridan of counsel), for respondents.
Mackenzie Hughes LLP, Syracuse (W. Bradley Hunt of counsel), for appellant.
Letitia James, Attorney General, Albany (Jonathan D. Hitsous, Barbara D. Underwood, Andrea Oser and Julie M. Sheridan of counsel), for respondents.
OPINION OF THE COURT
MEMORANDUM. The order of the Appellate Division should be affirmed, with costs.
The Appellate Division applied the correct substantial factor test (see e.g. Brown v. State of New York, 31 N.Y.3d 514, 519–520, 80 N.Y.S.3d 665, 105 N.E.3d 1246 [2018] ), and record evidence supports the Court of Claims' affirmed finding that defendants' negligence was not a substantial factor in aggravating decedent's injuries or causing his death.
Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas and Cannataro concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), order affirmed, with costs, in a memorandum.