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Decided on May 10, 2005
Ct Cl

105861
GIBSON, McASKILL & CROSBY, LLP BY: CHARLES S. DESMOND, II, ESQ. Attorneys for Claimant HON. ELIOT SPITZER Attorney General of the State of New York BY: THOMAS G. RAMSAY, Esq.
Attorney for Defendant
Philip J. Patti, J.
On March 16, 2005, the following papers were read on motion by Defendant for summary judgment dismissing the claim:
Notice of Motion, Affirmation, Affidavit and Exhibits Annexed
Affidavit in Opposition
Reply Affirmation
Filed Papers: Claim; Decision and Order in Motion Nos. M-67036 and CM-67072 and
the Underlying [*2]Papers Therein
Upon the foregoing papers, this motion is granted.
In a decision and order in Motion Nos. M-67036 and CM-67072 dated February 5, 2004, inter alia, I denied without prejudice the State's motion to dismiss, which relied upon the holding of the Court of Appeals in Riley v County of Broome (95 NY2d 455), to allow Claimant the opportunity to depose Michael F. Witkowski, Jr., the driver of the snowplow in question. I noted then that the issue would be a determination of whether the snowplow was "actually engaged in work on a highway" under Vehicle and Traffic Law

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