FEMMINELLA v. STATE

507571.

71 A.D.3d 1319 (2010)

896 N.Y.S.2d 533

LAWRENCE FEMMINELLA, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided March 18, 2010.


Malone Jr., J.

Seeking damages for an alleged unlawful confinement accruing in May 2007, claimant attempted to serve the Attorney General with a notice of intention to file a claim in August 2007 and served a verified claim in May 2008. Defendant moved to dismiss the claim on the basis that it was untimely because claimant's notice of intention was improperly served. The Court of Claims granted the motion, and this appeal ensued.

We affirm. Although, as relevant...

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