Ordered that the order is reversed, on the law, with costs, the motion is granted, the order dated October 29, 1996, is vacated, and the matter is remitted to the Court of Claims for further proceedings in accordance herewith.
On September 17, 1996, the defendant served a motion for summary judgment on the claimant by certified mail, return receipt requested. The motion papers were returned to the defendant as unclaimed on October 4, 1996. The claimant never responded...
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