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MOSS v. STATE OF NEW YORK

No. 116134.

24 Misc.3d 1128 (2009)

879 N.Y.S.2d 698

KENNETH MOSS, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 116134.)

Court of Claims.

Decided April 23, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General (Joan Matalavage of counsel), for defendant.

Kenneth Moss, claimant pro se.

OPINION OF THE COURT

CHRISTOPHER J. McCARTHY, J.

For the reasons set forth below, claimant's motion to serve and file a late claim pursuant to Court of Claims Act § 10 (6) is denied and the State's cross motion to dismiss on the grounds that the claim was not timely served upon the Attorney General in accordance with Court of Claims Act § 10 is granted.

The court will deal with defendant's cross...

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