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MATTER OF DEVINE v. STATE

147 Misc.2d 524 (1990)

In the Matter of R. Devine, Claimant, v. State of New York, Defendant. (Claim No. 80062.)

Court of Claims.

June 1, 1990

Attorney(s) appearing for the Case

R. Devine, claimant pro se. Robert Abrams, Attorney-General (Michael A. Rosas and Grace A. Brannigan of counsel), for defendant.

GERARD M. WEISBERG, J.

While it is clear that a document originally intended as a notice of intention to file a claim may be reclassified under appropriate circumstances as a claim (see, e.g., Jacobs v State of New York, 129 A.D.2d 772), the issue before us is whether it may be so construed by the defendant. If not, we must then decide whether a motion to dismiss lies against a notice of intention.

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