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DICKAN v. STATE

16 A.D.3d 760 (2005)

790 N.Y.S.2d 572

DAVID DICKAN, Appellant, v. STATE OF NEW YORK, Respondent.

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

March 3, 2005.

Crew III, J.

Claimant, a prison inmate, filed a claim in August 2000 alleging that defendant was negligent in failing to provide him with a safe means of alighting from his bunk bed, as a result of which he fell and sustained injuries. In October 2000, the Court of Claims entered an order directing that discovery be completed by September 14, 2001 and, further, that claimant file a note of issue by September 28, 2001. The record reveals that, in the

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