Lichter v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtYesawich Jr., J.
Appeal from an order of the Court of Claims (E. Margolis, J.), entered October 27, 1992, which denied the State’s motion to dismiss the claim for want of prosecution.
Claimant’s failure to respond to a 90-day demand, served by the State pursuant to CPLR 3216 (b) (3) on January 23, 1992, prompted this motion to dismiss the claim for want of prosecution. The Court of Claims denied the motion, except to the extent of imposing a $500 monetary sanction upon claimant’s counsel. The State appeals.
As claimant has neither filed a note of issue nor moved for *688an extension of time to do so, the State’s…
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