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MATTER OF DeMAIRO v. STATE

Claim Nos. 123838, 124151, 2017-08118.

172 A.D.3d 856 (2019)

100 N.Y.S.3d 362

2019 NY Slip Op 03591

In the Matter of Carol Ann DeMairo, as Administratrix of the Estate of John J. DeMairo, Deceased, Appellant, v. State of New York, Respondent.

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

Decided May 8, 2019.

Ordered that the order is affirmed, with costs.

John J. DeMairo died on April 3, 2012, from complications of a lacerated spleen. Carol Ann DeMairo was appointed administrator of his estate on May 15, 2013. On July 15, 2013, she served on the New York State Attorney General a notice of intention to file a claim against a state-owned hospital for misdiagnosis of a lacerated spleen. The notice of intention to file a claim stated that the claim arose on April 5, 2012...

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