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HARRIS v. STATE OF NY

190 Misc.2d 463 (2002)

739 N.Y.S.2d 235

DIANE HARRIS, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 95975.)

Court of Claims.

January 16, 2002.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (Reynolds E. Hahn of counsel), for defendant.

Rogan, Guida & Orenstein (Jeffrey P. Rogan of counsel), for claimant.

OPINION OF THE COURT

DONALD J. CORBETT, JR., J.

In this motion, the defendant seeks dismissal on the ground that the claim was improperly served by regular mail in contravention of the service requirements of Court of Claims Act § 11 (a) (i). Defendant attaches a copy of the envelope reflecting such service and, indeed, claimant acknowledges the same in the "Reply to Answer."

Furthermore, the defendant...

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