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McDONALD v. STATE

13 A.D.3d 1199 (2004)

787 N.Y.S.2d 597

TIMOTHY McDONALD, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 105357.)

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

December 30, 2004.

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

Memorandum:

Contrary to the contention of claimant, the Court of Claims properly dismissed his claim based on his failure to present expert medical evidence. Because the claim "`substantially related to medical diagnosis and treatment, the action it gives rise to is by definition one for medical...

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