State of New York MEMORANDUM Court of Appeals This memorandum is uncorrected and subject to revision before publication in the New York Reports.

No. 20 SSM 26 Dorothy Reames, &c., Appellant, v. State of New York et al., Respondents.

Submitted by W. Bradley Hunt, for appellant.

Submitted by Jonathan D. Hitsous, for respondents.

MEMORANDUM: The order of the Appellate Division should be affirmed, with costs.

The Appellate Division applied the correct substantial factor test (see e.g. Brown v State of New York, 31 NY3d 514, 519-520 [2018]), and record evidence supports the Court of Claims’ affirmed finding that defendants’ negligence was not a substantial factor in aggravating decedent’s injuries or causing his death.

-1- -2- SSM No. 26 On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas and Cannataro concur.

Decided January 6, 2022

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