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CARTER JR. v. STATE OF NEW YORK

284 A.D.2d 810 (2001)

727 N.Y.S.2d 520

JAMES A. CARTER, JR., Appellant, v. STATE OF NEW YORK et al., Respondents.

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

Decided June 28, 2001.

Carpinello, J.

In this negligence action, claimant alleges that the pharmacy in the correctional facility where he is an inmate dispensed the wrong medication on August 28, 1998, a fact which he did not discover until September 10, 1998. Claimant further alleges that he deposited a notice of intention to file a claim in the facility mailbox on November 24, 1998. The notice was postmarked November 27, 1998 and received by the Attorney General on November 30, 1998....

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