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VAN BUSKIRK v. STATE OF NEW YORK

22 Misc.3d 953 (2008)

869 N.Y.S.2d 745

SCOTT VAN BUSKIRK, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 107578.)

Court of Claims of the City of New York.

November 21, 2008.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, Buffalo (Gregory P. Miller of counsel), for defendant.

Cellino & Barnes, P.C., Buffalo (Stephen C. Ciocca of counsel), for claimant.

OPINION OF THE COURT

MICHAEL E. HUDSON, J.

Defendant has moved for summary judgment dismissing the claim by reason of Mr. Van Buskirk's alleged failure to file and serve his pleading in the manner set forth under Court of Claims Act § 11 (a) (i), and in conformance with the judicial determination that authorized his pursuit of this matter. For reasons that follow the court must grant the State's motion...

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