Curtiss v. State, 9

• Decision Date: 28 February 1983
• Docket Number: No. 9,9
• Citation: 92 A.D.2d 727,461 N.Y.S.2d 994
• Parties: Robert CURTISS, Individually and Phyllis N. Curtiss, as Wife of Robert Curtiss, Respondents, v. The STATE of New York, Appellant. Appeal
• Court: New York Supreme Court — Appellate Division

Page 994

461 N.Y.S.2d 994

92 A.D.2d 727

Robert CURTISS, Individually and Phyllis N. Curtiss, as Wife of Robert Curtiss, Respondents, v. The STATE of New York, Appellant. Appeal No. 9.

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

February 28, 1983

Robert Abrams, Atty. Gen. by Peter J. Dooley, Jr., Asst. Atty. Gen., Albany, for appellant. Tenney, Smith & Scott by Eugene Tenney, Buffalo, for respondent.

Order unanimously reversed without costs, motion granted and claim dismissed, in accordance with same Memorandum as in Prave v. State, 92 A.D.2d 726, 461 N.Y.S.2d 124, decided herewith. (Appeal from Order of Court of Claims, Quigley, J.--Dismiss Claim, Severance.)

HANCOCK, J.P., and CALLAHAN, DENMAN, BOOMER and MOULE, JJ., concur.