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UNIGARD INS. v. STATE OF NY

286 A.D.2d 58 (2001)

731 N.Y.S.2d 195

In the Matter of UNIGARD INSURANCE GROUP, Respondent, v. STATE OF NEW YORK, Appellant.

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

October 9, 2001.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Peter H. Schiff and Michael S. Buskus of counsel), for appellant.

Finder & Cuomo, L. L. P., New York City (Suzanne L. Smith of counsel), for respondent.

RITTER, J. P., ALTMAN and McGINITY, JJ., concur.

OPINION OF THE COURT

COZIER, J.

The instant proceeding presents this Court with issues of first impression: whether the service of a motion for leave to serve and file a late notice of claim is governed by CPLR 2103, and whether a motion for such relief is timely made where the motion was filed and mailed before the expiration of the applicable Statute of Limitations, but received after the expiration of such period. There is apparently no controlling case...

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