Appellate Division of the Supreme Court of the State of New York March 20, 1997 (Ferrugia v. State)

Cardona, P. J.

Appeal from an order of the Court of Claims (Hanifin, J.), entered Janhary 26, 1996, which, inter alia, granted the State’s cross motion to dismiss the claim.

On September 4, 1993, claimant, a State prison inmate, allegedly injured his back while performing his duties as a porter by carrying trays of food up a flight of stairs.