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LIDDELL v. STATE OF NY

182 Misc.2d 133 (1999)

697 N.Y.S.2d 237

ERNESTINE LIDDELL et al., Claimants, v. STATE OF NEW YORK, Defendant. (Claim No. 94554.)

Court of Claims.

July 28, 1999.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (James L. Gelormini of counsel), for defendant.

William T. Martin & Associates (Carmena B. Schwecke of counsel), for claimants.

OPINION OF THE COURT

DONALD J. CORBETT, JR., J.

A motion by defendant for an order dismissing the claim is granted and a cross motion by claimants for permission to file a late claim is denied.

This claim accrued on or about July 14, 1995, when the decedent Richard Liddell died at the Attica Correctional Facility. The claim herein asserts, inter alia, the defendant's negligence in failing to provide proper and adequate medical care,

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