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MTR. OF LOCKE v. STATE HEALTH HYGIENE

80 Misc.2d 17 (1974)

In the Matter of the Claim of Hector Locke, Sr., as Father and Natural Guardian of Hector Locke, Jr., an Infant, Plaintiff, v. State of New York Health & Mental Hygiene Facilities Improvement Corp. et al., Defendants.

Supreme Court, Special Term, Albany County.

December 16, 1974

Attorney(s) appearing for the Case

Bobick, Deutsch & Schlesser for plaintiff. Louis J. Lefkowitz, Attorney-General (Robert M. Auld of counsel), for defendants.

EDWARD S. CONWAY, J.

This is a motion by the defendants for an order dismissing the notice of claim filed on behalf of Hector Locke, Sr., and Hector Locke, Jr., on the ground that the claimants have not complied with the provisions of section 12 of the Health and Mental Hygiene Facilities Improvement Act (L. 1968, ch. 359, as amd.) in that said claim is not timely filed.

On May 3, 1973, Hector Locke,...

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