MATTER OF SMITH v. STATE


63 A.D.3d 1524 (2009)

879 N.Y.S.2d 860

In the Matter of DAVID M. SMITH et al., Appellants, v. STATE OF NEW YORK, Respondent. (Appeal No. 1)

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

Decided June 5, 2009.


It is hereby ordered that the order so appealed from is unanimously reversed in the exercise of discretion without costs and the application is granted upon condition that claimants shall file the proposed claim within 20 days of the date of entry of the order of this Court.

Memorandum: David M. Smith (claimant) was injured on May 22, 2007 when he fell from a ladder while working as a sheet metal journeyman on a renovation and construction project at the Central New...

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