Opinion
Argued January 13, 1982
Decided February 11, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, EDWARD M. MURRAY, J.
Salvador J. Capecelatro, Jr., and Frank A. Cissi for appellants.
Robert Abrams, Attorney-General ( Henderson G. Riggs, Shirley Adelson Siegel, Jeremiah Jochnowitz and John K. Powers of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division dismissing the claims should be affirmed, with costs.
On the basis of our review of the record (NY Const, art VI, § 3, subd a; CPLR 5501, subd [b]), we conclude that the weight of the credible evidence supports the determination of the Appellate Division that the conduct of the police officer while in pursuit of another vehicle was not unreasonable under the circumstances and, therefore, no liability can be imputed to the State.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.
Order affirmed.