Carlson v. State

*245OPINION OF THE COURT

Michael E. Hudson, J.

Defendant has moved pursuant to CPLR 3212 for partial summary judgment.1 The court will grant the motion, in limited part.

The court has reviewed the following documents:

1. Claim,2 verified May 22, 2006,3 filed May 25, 2007;

2. Answer, verified June 28, 2007, filed June 29, 2007;

3. Amended answer,4 verified April 25, 2011, filed April 26, 2011;

4. Notice of motion for partial summary judgment, dated April 15, 2011, filed April 18, 2011;

5. Affidavit in support of motion for partial summary judgment of Wendy E. Morcio, sworn to April 15, 2011, with attached…