SZMANIA, DEBORAH v. STATE OF NEW YORK

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 10-00987 PRESENT: CENTRA, J.P., FAHEY, CARNI, GREEN, AND GORSKI, JJ.

DAVID SZMANIA AND DEBORAH SZMANIA, CLAIMANTS-APPELLANTS, V MEMORANDUM AND ORDER STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 111596.) (APPEAL NO. 1.)

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR CLAIMANTS-APPELLANTS.

ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Court of Claims (Jeremiah J.

Moriarty, III, J.), entered January 22, 2009 in a personal injury action. The order, insofar as appealed from, denied in part the motion of claimants to compel the production of documents.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same Memorandum as in Szmania v State of New York ([appeal No. 2] __ AD3d __ [Mar. 25, 2011]).

Entered: March 25, 2011 Patricia L. Morgan Clerk of the Court