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PATTERSON v. STATE

54 A.D.2d 147 (1976)

Richard L. Patterson, Respondent, v. State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 5, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for appellant.

James I. Meyerson and Thomas Hoffman for respondent.

MARSH, P. J., MAHONEY, DILLON and GOLDMAN, JJ., concur.

WITMER, J.

The State appeals from an order of the Court of Claims granting claimant's motion "for an order amending the Notice of Intention to File Claim dated June 14, 1971, to read `NOTICE OF CLAIM'". The motion appears to have been made under section 1200.17 of the Court of Claims Rules of Practice, which at that time provided in subdivision (a), "Claims, counterclaims and replies may be amended upon order...

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