PARTNERS TRUST BANK v. STATE OF NEW YORK

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1279 CA 11-01339 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. 1.)

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 decision of the Court of Claims (Diane L.

Fitzpatrick, J.), entered June 8, 2010. The decision awarded claimant money damages after a nonjury trial.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Kuhn v Kuhn, 129 AD2d 967).

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