O'Connor v. State

Appeal from an order of the Court of Claims (Lebous, J.), entered March 2, 2004, which, inter alia, granted defendant’s cross motion to dismiss the claim.

Claimant, a prison inmate, alleges that he was the victim of dental malpractice while incarcerated because facility dentists refused to authorize a new permanent bridge to replace a weakened prosthesis thereby exposing him to potential tooth loss. While claimant’s notice of intention to file a claim for this complaint was served on the Attorney General on April 5, 2001, the claim itself was not served until May 12, 2003. Ultimately, the…