The question presented is whether the affirmation of an attorney, albeit one professing experience in medical malpractice litigation, is competent to establish that a proposed claim "appears to be meritorious". (Court of Claims Act, § 10, subd 6.) We hold that it does not, and that as a general rule, a physician's affidavit or affirmation must be submitted to permit the late filing of a claim for medical malpractice.
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