PARTNERS TRUST BANK v. STATE OF NEW YORK

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1280 CA 11-01349 PRESENT: SCUDDER, P.J., SMITH, GREEN, GORSKI, AND MARTOCHE, JJ.

PARTNERS TRUST BANK, FORMERLY KNOWN AS SBU BANK, FORMERLY KNOWN AS SAVINGS BANK OF UTICA, CLAIMANT-RESPONDENT, V ORDER STATE OF NEW YORK, DEFENDANT-APPELLANT. (CLAIM NO. 107502.) (APPEAL NO. 2.)

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (OWEN DEMUTH OF COUNSEL), FOR DEFENDANT-APPELLANT.

GILBERTI STINZIANO HEINTZ & SMITH, P.C., SYRACUSE (KEVIN G. ROE OF COUNSEL), AND SIDNEY DEVORSETZ, PLLC, FOR CLAIMANT-RESPONDENT.

Appeal from a judgment of the Court of Claims (Diane L.

Fitzpatrick, J.), entered September 7, 2010. The judgment awarded claimant money damages after a nonjury trial.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at the Court of Claims.

Entered: December 23, 2011 Frances E. Cafarell Clerk of the Court