MATTER OF GONZALEZ v. STATE OF NEW YORK


299 A.D.2d 675 (2002)

749 N.Y.S.2d 186

In the Matter of WILFREDO GONZALEZ, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided November 14, 2002.


Crew III, J.P.

On November 30, 2000 claimant, a prison inmate, had a tooth extracted at Sullivan Correctional Facility in Sullivan County. Claimant continued to experience pain and, on January 25, 2001, an x ray of claimant's mouth revealed the presence of a bone fragment in the area of the original extraction. That same day, the bone fragment was removed by an oral surgeon. Approximately four months later, in May 2001, claimant sought permission to file a late "notice...

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