OTERO v. STATE OF NEW YORK


159 Misc.2d 35 (1993)

602 N.Y.S.2d 501

Miguel Otero, on Behalf of His Infant Daughter, Jessica Otero, Claimant, v. State of New York, Claimant. (Claim No. 79749.)

Court of Claims.

September 7, 1993


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Kevan J. Acton of counsel), for defendant. Miguel Otero, claimant pro se.


LOUIS C. BENZA, J.

Motion by defendant for an order dismissing this action on the ground that claimant does not have legal capacity to sue.

Claimant Miguel Otero is incarcerated within the State prison system and currently resides at Auburn Correctional Facility. He was incarcerated in Great Meadow Correctional Facility on October 13, 1989, when his daughter suffered the injuries giving rise to this...

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