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HOLMES v. ROSWELL PARK CANCER

5 Misc.3d 446 (2004)

782 N.Y.S.2d 571

GAIL A. HOLMES, as Executrix of KEVIN MARK HOLMES, Deceased, Claimant, v. STATE OF NEW YORK, ROSWELL PARK CANCER INSTITUTE CORPORATION, Defendant. (Motion No. M-67804.)

Court of Claims.

June 30, 2004.

Attorney(s) appearing for the Case

Magavern, Rich & Morgan, LLP (George R. Rich of counsel), for claimant.

Eliot Spitzer, Attorney General (Richard B. Friedfertig of counsel), for defendant.

OPINION OF THE COURT

MICHAEL E. HUDSON, J.

This motion relates to the death of Kevin Mark Holmes on April 13, 2003. His widow Gail A. Holmes was thereafter issued letters testamentary by the Surrogate's Court of Onondaga County (Wells, J.) on June 24, 2003. Prior to the issuance of her letters of appointment, claimant attempted to file a "Verified Notice of Intention to Make Claim" with the Clerk of the Court of Claims by Federal Express overnight delivery...

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