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RODRIGUEZ v. STATE

Claim No. 130113. Appeal No. 14232. Case No. 2019-3670.

197 A.D.3d 1055 (2021)

151 N.Y.S.3d 868

2021 NY Slip Op 05106

Mark Rodriguez, Appellant, v. State of New York, Respondent.

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

Decided September 28, 2021.

Attorney(s) appearing for the Case

Mark Rodriguez, appellant pro se.

Letitia James , Attorney General, New York ( Mark S. Grube of counsel), for respondent.

Concur—Acosta, P.J., Singh, Kennedy, Mendez, Higgitt, JJ.

Although the motion court purported to deny claimant's motion for reargument, it effectively granted the motion by addressing the merits. Accordingly, the order is appealable (CPLR 5701[a][2][viii]; Castillo v Mount Sinai Hosp., 140 A.D.3d 619, 620 [1st Dept 2016], lv denied 28 N.Y.3d 913 [2017]).

The Court of Claims correctly dismissed...

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