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GURLEY v. STATE OF NEW YORK

173 Misc.2d 87 (1997)

661 N.Y.S.2d 700

Larry Gurley, Claimant, v. State of New York, Defendant. (Claim No. 94232.)

Court of Claims.

February 11, 1997

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Susan J. Pogoda of counsel), for defendant. Beldock Levine & Hoffman, L. L. P., New York City (Myron Beldock of counsel), for claimant.

LOUIS C. BENZA, J.

The State seeks an order pursuant to CPLR 3212 dismissing the claim on the ground that the claim was improperly served upon the Attorney-General. Claimant cross-moves, in the event the court grants the State's motion, for an order permitting claimant to serve and file a late claim pursuant to Court of Claims Act § 10 (6), or, in the alternative, for an order permitting recommencement...

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