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MOORE v. STATE OF NEW YORK

43 A.D.3d 1117 (2007)

841 N.Y.S.2d 797

DAWN MOORE, Respondent, v. STATE OF NEW YORK, Appellant.

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

Decided September 25, 2007.

Ordered that the order is affirmed, without costs or disbursements.

In light of the recent amendment of Court of Claims Act § 11 (b) (L 2007, ch 606, § 1), retroactively abrogating Kolnacki v State of New York (8 N.Y.3d 277 [2007]), the instant claim was not jurisdictionally defective notwithstanding the absence of an ad damnum clause.

The parties' remaining contentions need not be addressed in

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