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LaFRANCE v. STATE

144 A.D.2d 913 (1988)

Vicki LaFrance, Individually and as Administratrix of The Estate of Matthew LaFrance, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 71974.) (Appeal No. 2.)

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

November 15, 1988

Appeal dismissed as moot without costs.

Boomer and Davis, JJ. (dissenting).

We respectfully dissent. In our view the appeal is not moot (see, LaFrance v State of New York, 144 A.D.2d 911, 913 [dissent] [decided herewith]). The motion of the claimant for an order permitting her to file a claim nunc pro tunc was properly denied. As a general rule, the doctrine of estoppel is not applicable against the State acting...

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