TOOKS v. STATE OF NEW YORK


40 A.D.3d 1347 (2007)

836 N.Y.S.2d 379

MATTIE TOOKS, as Administrator of the Estate of GEORGE HOLDEN, Also Known as GREGORY TOOKS, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 106164.)

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

Decided May 24, 2007.


Mugglin, J.

Claimant's son, a prison inmate, was fatally stabbed by two fellow inmates on June 18, 2000. Claimant served defendant with a notice of intention to file a claim on August 30, 2000, prior to her receipt of limited letters of administration for her son's estate on March 19, 2001. Claimant filed her claim with the Clerk of the Court of Claims on June 3, 2002, and the Clerk acknowledged filing by letter dated June...

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