Legal Opinion

Steele v. State

New York Court of Claims

Decided February 22, 2008No. Claim No. 111217PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Christopher J. McCarthy, J.

For the reasons set forth below, the State’s motion to dismiss the claim pursuant to Court of Claims Act § 10 (3) and § 11 as untimely served is denied.

This claim, which was filed with the Clerk of the Court on August 2, 2005, alleges that, on April 28, 2005, defendant negligently failed to provide clean nail clippers to claimant while he was an inmate at Ulster Correctional Facility in Napanoch, New York. He further alleges that, as a result, he developed a methicillin resistant staphylococcus aureus infection.

Pursuant to Court of Claims Act §…

2Cases cited4 opinions

  1. Lepkowski v. State of NYNew York Court of Appeals · 2003
  2. Miller v. Board of AssessorsNew York Court of Appeals · 1997
  3. Treen Motors Corp. v. Van PeltNew York Supreme Court · 1919
  4. SLG Graybar, L. L. C. v. John Hannaway Law OfficesCivil Court of the City of New York · 1999

3Cited by1 opinion

  1. Gaffey v. ShahAppellate Division of the Supreme Court of the State of New York · 2015

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