
    Richie Vargas, Appellant, v State of New York, Respondent.
    (Claim No. 111449.)
    [921 NYS2d 609]
   Appeal from an order of the Court of Claims (Jeremiah J. Moriarty, III, J.), entered July 2, 2009 in a personal injury action. The order granted the motion of defendant for summary judgment and dismissed the claim.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for the reasons stated in the decision at the Court of Claims. Present—Smith, J.P., Centra, Peradotto, Gorski and Martoche, JJ.  