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CZYNSKI v. STATE

16 Misc.3d 465 (2007)

838 N.Y.S.2d 414

ADAM CZYNSKI, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 104234.)

Court of Claims.

April 24, 2007.

Attorney(s) appearing for the Case

Ruffo Tabora Mainello & McKay P.C. (Raul A. Tabora, Jr., of counsel), for claimant.

Andrew M. Cuomo, Attorney General (Glenn C. King of counsel), for defendant.

OPINION OF THE COURT

CHRISTOPHER J. McCARTHY, J.

For the reasons set forth below, claimant's motion for partial summary judgment is denied as moot and that branch of the State's cross motion to dismiss the claim as untimely served and filed pursuant to Court of Claims Act § 10 (3) and § 11 is granted.

The court begins by addressing the portion of the State's cross motion which alleges that...

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