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SMITH v. STATE

72 A.D.2d 937 (1979)

Michael S. Smith, Respondent, v. State of New York et al., Appellants

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

November 16, 1979

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Defendants appeal from an order of the Court of Claims accepting a notice of intention to file a claim (filed with the clerk of the Court of Claims and the office of the Attorney-General on December 10, 1971) "as a Notice of Claim that was timely and constitutionally filed." The notice of intention alleges that claimant...

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