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LOPEZ v. STATE OF NEW YORK

21 Misc.3d 563 (2008)

864 N.Y.S.2d 282

COLETE LOPEZ, an Infant, by Her Mother and Natural Guardian, MAGDALENA LOPEZ FARIAS, et al., Claimants, v. STATE OF NEW YORK, Defendant. (Claim No. 094307.)

Court of Claims.

September 10, 2008.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General (Gwendolyn Hatcher of counsel), for defendant.

Edward D. Fagan, New York City, for claimants.

OPINION OF THE COURT

CHRISTOPHER J. McCARTHY, J.

By letter dated May 6, 2008, claimants were directed to resume prosecution of this claim and to serve and file a note of issue and certificate of readiness within 90 days of receipt of that letter or the claim would be subject to dismissal, without further notice, pursuant to CPLR 3216.

The court sets forth the history of this claim as follows:

Claimants filed a claim with the Clerk of the...

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