Champagnie v. State

—In a medical malpractice claim to recover damages for personal injuries, the defendant appeals from so much of an order of the Court of Claims (Blinder, J.), entered September 6, 1994, as granted the claimants’ motion to dismiss its fourth affirmative defense, which alleged that the claimant’s notice of claim was untimely.

Ordered that the order is affirmed insofar as appealed from, with costs.

The claimants’ decedent was treated for circulatory problems in her leg at the defendant’s hospital. Following the amputation of her leg on February 5, 1991, she allegedly sustained burns to various…