IN THE MATTER OF MAGEE v. STATE


54 A.D.3d 1117 (2008)

863 N.Y.S.2d 840

In the Matter of CURTIS MAGEE, Appellant, v. STATE OF NEW YORK, Respondent.

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

September 18, 2008.


ROSE, J.

On February 14, 2004, while incarcerated at Eastern Correctional Facility in Ulster County, claimant's knee "popped out" during a basketball game on a facility court. At the time, claimant indicated that the injury occurred when he collided with another player while going for a rebound. Claimant underwent surgery the following day.

Claimant served his notice of intention to file a claim on May 24, 2004 and served his claim on October 11, 2005 alleging...

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