Devine v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

While it is clear that a document originally intended as a notice of intention to file a claim may be reclassified under appropriate circumstances as a claim (see, e.g., Jacobs v State of New York, 129 AD2d 772), the issue before us is whether it may be so construed by the defendant. If not, we must then decide whether a motion to dismiss lies against a notice of intention.

Claimant filed with the clerk of this court, and served the *525defendant with, a one-paragraph document entitled a "Notice of Claim” on, respectively, February 13 and 14, 1990. It…