FULTON JR. v. STATE OF NEW YORK


35 A.D.3d 977 (2006)

825 N.Y.S.2d 816

ALVIN FULTON JR., Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided December 14, 2006.


Rose, J.

Claimant attempted to bring a claim against defendant by serving defendant with a notice of intention to file a claim. Defendant rejected the notice of intention and returned it to claimant on the same day it was received on the basis that it was unverified. Claimant subsequently served upon defendant by regular mail a verified notice of intention to file a claim. He followed that with service of a claim, also by regular mail.

Defendant moved to dismiss...

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