Opinion
CA 17–02004 1106
11-09-2018
Richard H. WARNER, Individually, and as Guardian of Mary Dorothy Warner, an Incapacitated Person, Claimant–Appellant, v. STATE of New York, Defendant–Respondent. (Claim No. 098768.) Richard H. Warner, as Executor of the Estate of Mary Dorothy Warner, Deceased v. State of New York, Defendant–Respondent. (Appeal No. 3.) (Claim No. 105712.)
THE COSGROVE LAW FIRM, BUFFALO (EDWARD C. COSGROVE OF COUNSEL), FOR CLAIMANT–APPELLANT. BARBARA D. UNDERWOOD, ATTORNEY GENERAL, ALBANY (BRIAN D. GINSBURG OF COUNSEL), FOR DEFENDANT–RESPONDENT.
THE COSGROVE LAW FIRM, BUFFALO (EDWARD C. COSGROVE OF COUNSEL), FOR CLAIMANT–APPELLANT.
BARBARA D. UNDERWOOD, ATTORNEY GENERAL, ALBANY (BRIAN D. GINSBURG OF COUNSEL), FOR DEFENDANT–RESPONDENT.
PRESENT: CENTRA, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.
ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Smith v. Catholic Med. Ctr. of Brooklyn & Queens, 155 A.D.2d 435, 435, 547 N.Y.S.2d 96 [2d Dept. 1989] ; see also CPLR 5501[a][1], [2] ).