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CAREY v. STATE OF NEW YORK

473 CA 21-00578.

207 A.D.3d 1194 (2022)

171 N.Y.S.3d 722

2022 NY Slip Op 04485

William H. Carey et al., as Administrators of the Estate of Michael W. Carey, Deceased, Respondents, v. State of New York, Appellant.

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

Decided July 8, 2022.

Attorney(s) appearing for the Case

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

Present—Smith, J.P., Centra, NeMoyer, Curran and Bannister, JJ.

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

Memorandum: Defendant, State of New York (State), appeals from an order granting claimants' renewed motion seeking leave to file a late claim. We affirm.

On April 19, 2015, claimants' son (decedent) died while incarcerated at a correctional facility, and on April 17, 2017, claimants moved for leave to file a late claim pursuant to Court of Claims Act § 10(6). In...

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