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RINK v. STATE OF NEW YORK

114132.

27 Misc.3d 1159 (2010)

901 N.Y.S.2d 480

RALPH RINK, Individually and as Administrator of the Estate of JOANNE RINK, Deceased, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 114132.)

Court of Claims.

Decided March 22, 2010.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, PLLC ( Edward P. Hourihan, Jr. and Douglas P. Needham of counsel), for Excellus Health Plan, Inc., proposed intervenor.

Andrew M. Cuomo , Attorney General ( Maureen A. MacPherson of counsel), for defendant.

Walter D. Kogut, P.C. ( Walter D. Kogut of counsel), for claimant.

OPINION OF THE COURT

DIANE L. FITZPATRICK, J.

Movant Excellus Health Plan, Inc., brings a motion seeking permission to intervene in this pending claim1 pursuant to CPLR 1012 and 1013. Claimant has not responded to the motion, however, defendant opposes movant's intervention.

The claim seeks damages for injuries Joanne Rink sustained on June 6, 2007 while she was a patient at the State University of New York Upstate Medical...

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