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SCIARABBA v. STATE

152 A.D.2d 229 (1989)

Peter Sciarabba, as Administrator of The Estate of Charles Sciarabba, Deceased, Respondent, v. State of New York, Appellant

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

December 14, 1989

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael S. Buskus and Peter J. Dooley of counsel), for appellant.

Pegalis & Wachsman, P. C. (Bruce Maston of counsel), for respondent.

MAHONEY, P. J., KANE, MIKOLL and YESAWICH, JR., JJ., concur.

LEVINE, J.

The instant claim alleges that claimant's decedent, while a student at State University of New York at Binghamton, died March 1, 1988 as a result of medical malpractice by State University Health Services at that institution. In purportedly commencing the action against the State, the claim was personally served upon a principal stenographer employed in the Attorney-General's office. The State answered...

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