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DIAZ v. STATE OF NY

174 Misc.2d 63 (1997)

662 N.Y.S.2d 719

Daniel Diaz, Claimant, v. State of New York, Defendant. (Claim No. 91895.)

Court of Claims.

August 22, 1997

Attorney(s) appearing for the Case

Daniel Diaz, claimant pro se. Dennis C. Vacco, Attorney-General (Michele M. Walls of counsel), for defendant.

JOHN L. BELL, J.

The issue implicated in the motion before the court is whether the defendant in an action in the Court of Claims must comply with the provision of CPLR 3211 (e), as amended by chapter 501 of the Laws of 1996, which requires a motion to dismiss premised upon improper service to be asserted within 60 days of service of the answer.

Claimant, an inmate at Clinton Correctional Facility, was...

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