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HICKS v. GIBSON

303 A.D.2d 1021 (2003)

758 N.Y.S.2d 441

ROGERS HICKS et al., Appellants, v. H. McCARTHY GIBSON, as Superintendent of Erie County Holding Center, Respondent.

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

Decided March 21, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant's motion to dismiss the complaint. We agree with defendant that the complaint fails to state a cause of action (see CPLR 3211 [7]). Contrary to plaintiffs' contention, the Erie County Holding Center (ECHC) has no duty to file its policies with the Department of State. Article IV, §...

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