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FREDERICK v. STATE OF N.Y.

23 Misc.3d 1008 (2009)

874 N.Y.S.2d 762

JOVAN FREDERICK, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 115636.)

Court of Claims.

Decided January 23, 2009.

Attorney(s) appearing for the Case

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

Sandback, Birnbaum & Michelen (Oscar Michelen of counsel), for claimant.

OPINION OF THE COURT

CHRISTOPHER J. McCARTHY, J.

For the reasons set forth below, defendant's pre-answer motion to dismiss the claim based upon claimant's failure to comply with the service requirements of Court of Claims Act § 10 (3) and § 11 is granted. Claimant's cross motion for permission to serve and file a claim late pursuant to Court of Claims Act § 10 (6) is denied.

The claim, which was filed with the Clerk of the Court on...

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