LICHTER v. STATE


198 A.D.2d 687 (1993)

603 N.Y.S.2d 644

Stephen Lichter, Respondent, v. State of New York, Appellant

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

November 18, 1993


Yesawich Jr., J.

Claimant's failure to respond to a 90-day demand, served by the State pursuant to CPLR 3216 (b) (3) on January 23, 1992, prompted this motion to dismiss the claim for want of prosecution. The Court of Claims denied the motion, except to the extent of imposing a $500 monetary sanction upon claimant's counsel. The State appeals.

As claimant has neither filed a note of issue nor moved for

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