Barbara Jo Deep v. State

Appeal from an order of the Court of Claims (Norman I. Siegel, J.), entered June 27, 2007. The order granted defendant’s motion to dismiss the claim and denied claimants’ cross motion to dismiss the third, fourth, and fifth affirmative defenses.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, the claim is reinstated, the cross motion is granted, and the third, fourth, and fifth affirmative defenses are dismissed.

Memorandum: Claimants appeal from an order that granted defendant’s motion to dismiss the claim and denied…