Gibson v. Roswell Park Cancer Institute Corp.

OPINION OF THE COURT

Michael E. Hudson, J.

Claimant has moved under Court of Claims Act § 10 (8) to treat a timely notice of claim as a claim against Roswell Park Cancer Institute Corporation.

This application raises the issue of whether the provisions of Court of Claims Act § 10 (8) can apply in litigation against Roswell Park Cancer Institute Corporation. For reasons that follow, the court holds that relief under section 10 (8) is inapplicable to claims against that public corporation, notwithstanding that the venue for such litigation has been placed in the Court of Claims.

Claimant seeks to…