RALPH RINK AS ADMINISTRATOR OF THE ESTATE OF JOANNE RINK DECEASED AND RALPH RINK INDIVIDUALLY CLAIMANT v. STATE OF NEW YORK DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department, New York.

RALPH RINK, AS ADMINISTRATOR OF THE ESTATE OF JOANNE RINK, DECEASED, AND RALPH RINK, INDIVIDUALLY, CLAIMANT, v. STATE OF NEW YORK, DEFENDANT–APPELLANT.

CA 11–00410

Decided: September 30, 2011

PRESENT:  SCUDDER, P.J., SMITH, LINDLEY, SCONIERS, AND GORSKI, JJ. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATE H. NEPVEU OF COUNSEL), FOR DEFENDANT–APPELLANT. BOND, SCHOENECK & KING, PLLC, ROCHESTER (SCOTT M. PHILBIN OF COUNSEL), FOR INTERVENOR–RESPONDENT.

ORDER

EXCELLUS HEALTH PLAN, INC.,

INTERVENOR–RESPONDENT.

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.

Patricia L. Morgan

Clerk of the Court