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DECKER v. STATE

2017-01089, 2018-09116.

164 A.D.3d 650 (2018)

83 N.Y.S.3d 533

2018 NY Slip Op 05751

Deborah Decker et al., as Co-Administrators of the Estate of Peter J. Kummer, Deceased, Respondents, v. State of New York, Appellant.

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

Decided August 15, 2018.

Ordered that the appeal from the order dated September 30, 2016, is dismissed, as that order was superseded by the order dated April 5, 2017, made, in effect, upon reargument; and it is further,

Ordered that the order dated April 5, 2017, is reversed insofar as reviewed, on the facts and in the exercise of discretion, upon reargument, the order dated September 30, 2016, is vacated, and the claimants' motion for leave to file a late claim pursuant to Court of Claims...

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