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McCLURG v. STATE

204 A.D.2d 999 (1994)

613 N.Y.S.2d 71

Mark McClurg, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 82137.)

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

May 27, 1994

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In 1983, claimant's dermatologist, Dr. Fuad Farah, performed a biopsy on a "blotchy brown spot" beneath claimant's right ear. Dr. Farah sent the specimen to State University Hospital Upstate Medical Center (Upstate) for a pathological examination to rule out malignant melanoma. Upstate's report, initialed by three physicians employed by Upstate, two of...

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