VARGAS v. STATE OF NEW YORK


62 A.D.3d 1170 (2009)

879 N.Y.S.2d 258

FRANK VARGAS, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided May 21, 2009.


KANE, J.

Claimant, an inmate, commenced this action in June 2004 alleging, among other things, that he was denied adequate medical care after being diagnosed with broken ribs in 1999. Following a trial, the Court of Claims dismissed claimant's causes of action, determining, as relevant here, that the claim regarding the denial of adequate medical care was untimely. Claimant now appeals, limiting his appeal to the court's dismissal of his claim of the denial of adequate...

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