Kay v. State of New York

In a claim, inter alia, to recover damages for medical malpractice, the claimant appeals, as limited by her brief, from so much of an order of the Court of Claims (Lopez-Summa, J.), dated July 30, 2012, as granted that branch of the defendant’s motion which was to dismiss the claim for lack of standing.

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

The claimant is a developmentally disabled young adult. Shortly after the claimant’s eighteenth birthday, her parents filed a petition in the Surrogate’s Court, Suffolk County, seeking to be appointed guardians of her…