Appellate Division of the Supreme Court of the State of New York February 5, 2016, Claim No. 119681 (Gardner v. State)

— Appeal from an order of the Court of Claims (Nicholas V. Midey, Jr., J.), entered July 30, 2014. The order, insofar as appealed from, denied in part the motion of defendant for summary judgment.

*1308It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Present — Smith, J.P., Carni, Lindley and DeJoseph, JJ.