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YANICKI v. STATE OF NY

174 Misc.2d 149 (1997)

662 N.Y.S.2d 976

David Yanicki, Claimant, v. State of New York, Defendant. (Claim No. 85786.)

Court of Claims.

April 14, 1997

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General (Richard B. Friedfertig of counsel), for defendant. Donald R. Guerra for claimant.

JOHN P. LANE, J.

In this action, David Yanicki seeks damages for "defamation in the form of slander and general negligence" alleging that in 1991 members of the State Police told reporters from two newspapers that he had been convicted of a felony in a 1960 armed robbery case. The claim was filed late pursuant to orders of Judge McMahon, who has since retired. The gravamen of the claim is that claimant was not convicted of a felony, but

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