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GIBSON v. ROSWELL PARK CANCER INST. CORPORATION

21 Misc.3d 638 (2008)

864 N.Y.S.2d 742

VERA L. GIBSON, Claimant, v. ROSWELL PARK CANCER INSTITUTE CORPORATION, Respondent. Motion No. M-75069.)

Court of Claims.

September 9, 2008.

Attorney(s) appearing for the Case

Law Offices of Eugene C. Tenney, Buffalo (Laura C. Doolittle of counsel), for claimant.

Andrew M. Cuomo, Attorney General, Buffalo (Richard B. Friedfertig of counsel), for respondent.

OPINION OF THE COURT

MICHAEL E. HUDSON, J.

Claimant has moved under Court of Claims Act § 10 (8) to treat a timely notice of claim as a claim against Roswell Park Cancer Institute Corporation.

This application raises the issue of whether the provisions of Court of Claims Act § 10 (8) can apply in litigation against Roswell Park Cancer Institute Corporation. For reasons that follow, the court holds that relief under section 10 (8) is inapplicable...

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