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TURNER v. ROSWELL PARK CANCER INST. CORP.

Claim No. 136410. 952 CA 21-01651.

214 A.D.3d 1376 (2023)

185 N.Y.S.3d 445

2023 NY Slip Op 01437

Ann Marie Turner, Appellant-Respondent, v. Roswell Park Cancer Institute Corporation, Respondent-Appellant, et al., Defendant. (Claim No. 136410.)

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

Decided March 17, 2023.

Attorney(s) appearing for the Case

KEVIN T. STOCKER , TONAWANDA, FOR CLAIMANT-APPELLANT-RESPONDENT.

CONNORS LLP, BUFFALO ( SETH A. HISER OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.

Present—Peradotto, J.P., Lindley, Curran, Bannister and Montour, JJ.

Appeal and cross appeal from an order of the Court of Claims (Michael E. Hudson, J.), entered October 28, 2021. The order granted in part claimant's application for leave to serve a late notice of claim.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In February 2020, claimant underwent a thyroidectomy procedure at defendant Roswell Park Cancer Institute Corporation (Roswell Park) to remove a cancerous...

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