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DORR v. STATE OF NEW YORK

2018-09005.

176 A.D.3d 1033 (2019)

108 N.Y.S.3d 872

2019 NY Slip Op 07567

Michael Dorr, Appellant, v. State of New York, Respondent.

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

Frank N. Ambrosino, Smithtown, NY, for appellant.

Letitia James, Attorney General, New York, NY (Anisha S. Dasgupta and Eric R. Haren of counsel), for respondent.

Mastro, J.P., Rivera, Miller and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

On March 5, 2012, the claimant, while residing at a state drug treatment facility, allegedly sustained injuries when he jumped out of the facility's second-story window. The claimant filed a claim in the Court of Claims on May 31, 2012. However, the claim was not served on the Attorney General of the State of New York until June 6, 2012, 93 days after March 5, 2012. In October...

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