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McDOWELL v. STATE

230 A.D.2d 894 (1996)

646 N.Y.S.2d 867

Kirk McDowell, Appellant, v. State of New York, Respondent

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

August 26, 1996

Ordered that the appeal from the order entered August 2, 1995 is dismissed, without costs and disbursements as that order was superseded by the order entered January 17, 1996, made upon renewal; and it is further,

Ordered that the order of January 17, 1996 is affirmed insofar as appealed from, without costs or disbursements.

The claimant, an inmate at the Mid-Orange Correctional Facility, allegedly sustained injuries while he was loading a truck.

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