
    Leroy Simmons, Jr., Respondent, v State of New York, Appellant.
    [872 NYS2d 314]
   Appeal from an order of the Court of Claims (Philip J. Patti, J.), entered August 20, 2007. The order denied the pre-answer motion of defendant to dismiss the claim and granted the cross motion of claimant for leave to amend the claim.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at the Court of Claims (Simmons v State of New York, 17 Misc 3d 394 [2007]). Present—Martoche, J.P., Fahey, Green, Pine and Gorski, JJ.  