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IN THE MATTER OF STEELE v. STATE

19 Misc.3d 766 (2008)

855 N.Y.S.2d 329

In the Matter of ENEX STEELE, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 111217.)

Court of Claims.

February 22, 2008.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General (Michael T. Krenrich of counsel), for defendant.

John A. Corring for claimant.

OPINION OF THE COURT

CHRISTOPHER J. McCARTHY, J.

For the reasons set forth below, the State's motion to dismiss the claim pursuant to Court of Claims Act § 10 (3) and § 11 as untimely served is denied.

This claim, which was filed with the Clerk of the Court on August 2, 2005, alleges that, on April 28, 2005, defendant negligently failed to provide clean nail clippers to claimant while he was an inmate at Ulster Correctional Facility in...

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