VASQUEZ v. STATE


12 A.D.3d 917 (2004)

785 N.Y.S.2d 152

GEORGE VASQUEZ, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 102983.)

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

November 18, 2004.


Peters, J.

In this action to recover damages for personal injuries incurred in January 2000 while claimant was an inmate at the Ogdensburg Correctional Facility in St. Lawrence County, we are left to determine whether the Court of Claims properly dismissed the claim for want of prosecution pursuant to CPLR 3216. Eighty-one days after having been served with a 90-day notice (see CPLR 3216 [b]), claimant moved for, among other things, an order compelling witnesses...

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