PHILLIPS v. STATE


237 A.D.2d 590 (1997)

655 N.Y.S.2d 638

John Phillips, Respondent, v. State of New York, Appellant

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

March 31, 1997


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the branch of the claimant's motion which was to deem the filed claim a notice of intention to file a claim is denied, and the claim is dismissed.

A review of Court of Claims Act § 10, governing the filing of claims and notices of intention to file claims, reveals no provision authorizing the court to deem a defective claim a valid notice of intention to file a claim. In any...

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