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MATTER OF DOLCE v. STATE

Claim No. 114717, 2015-06030, 2016-00380.

152 A.D.3d 515 (2017)

2017 NY Slip Op 05434

58 N.Y.S.3d 133

In the Matter of LENORE DOLCE, Individually and as Administratrix of the Estate of JOSEPH DOLCE, Deceased, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided July 5, 2017.

Ordered that the order dated December 15, 2014, is reversed, on the law, and the defendant's motion pursuant to Court of Claims Act §§ 10 and 11 to dismiss so much of the claim as sought to recover damages for the decedent's conscious pain and suffering arising from medical malpractice is denied; and it is further,

Ordered that the appeal from the order dated June 12, 2015, is dismissed as academic in light of our determination on the appeal from the order...

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