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LOUISIAS v. STATE

17 Misc.3d 484 (2007)

841 N.Y.S.2d 426

JEFFREY LOUISIAS, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 111629.)

Court of Claims.

August 3, 2007.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General (Belinda A. Wagner of counsel), for defendant.

Jeffrey Louisias, claimant pro se.

OPINION OF THE COURT

STEPHEN J. MIGNANO, J.

This is defendant's motion to dismiss the claim for lack of jurisdiction. According to defendant's papers, claimant served a notice of intention to file a claim on August 16, 2004, followed up by service of the instant claim on November 14, 2005. Defendant's answer, served on December 19, 2005, alleged that the court lacked jurisdiction because the notice of intention was served more than 90 days following accrual...

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