CHMIELEWSKI v. STATE OF NEW YORK

Claim No. 136833. 545 CA 22-00718.

217 A.D.3d 1583 (2023)

192 N.Y.S.3d 860

2023 NY Slip Op 03649

Matthew Chmielewski, Respondent, v. State of New York, Appellant. (Claim No. 136833.).

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

Decided June 30, 2023.


Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( KATHLEEN M. TREASURE OF COUNSEL), FOR DEFENDANT-APPELLANT.

Present—Smith, J.P., Lindley, Curran, Bannister and Ogden, JJ.


Appeal from an order of the Court of Claims (J. David Sampson, J.), entered March 31, 2022. The order denied the motion of defendant to dismiss the claim.

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

Memorandum: Claimant commenced this claim pursuant to the Child Victims Act (CVA) (see CPLR 214-g) seeking, inter alia, to recover damages based on allegations that, in 1962, claimant was a minor and in foster...

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