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HEISLER v. STATE

78 A.D.2d 767 (1980)

Alfred Heisler et al., Respondents, v. State of New York, Appellant

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

October 30, 1980

Order unanimously affirmed, with costs.

Memorandum:

Claimant, Ann Heisler, fell after she left a polling place located in an elementary school in West Seneca, New York, on election day November 4, 1975. She later served a notice of intent to file a claim and subsequently moved that the notice be treated as the claim itself. From an order granting the motion, the State appeals. It urges that the Court of Claims improperly construed the notice of claim and also...

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