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OAKLEY v. STATE OF NEW YORK

283 A.D.2d 469 (2001)

724 N.Y.S.2d 867

JUDITH OAKLEY et al., Appellants, v. STATE OF NEW YORK, Respondent. (Claim No. 94016.)

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

Decided May 14, 2001.

Ordered that the order is reversed, without costs or disbursements, and the matter is remitted to the Court of Claims, with the direction to defer disposition of the defendant's motion until resolution of the claimants' motion for leave to file a late claim.

The Court of Claims properly found that the claimants failed to comply with the statutory procedures for serving and filing a claim against the State (see, Court...

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