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RIZZO v. STATE OF NY

2 Misc.3d 829 (2003)

772 N.Y.S.2d 210

WINIFRED RIZZO et al., Claimants, v. STATE OF NEW YORK, Defendant. (Motion No. M-66833.)

Court of Claims.

October 7, 2003.

Attorney(s) appearing for the Case

Stanley Law Offices (Robert A. Quattrocci of counsel), for claimants.

Eliot Spitzer, Attorney General, and Pinsky & Skandalis (George Skandalis of counsel), for defendant.

OPINION OF THE COURT

DIANE L. FITZPATRICK, J.

Movant* and her husband, bring a motion for permission to file a late claim pursuant to Court of Claims Act § 10 (6). Defendant strenuously opposes the motion.

The proposed claim asserts, in pertinent part, the following:

"Paragraph 3: This incident occurred on or about September 1, 2002. The claimants were attending...

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