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Carlson v. State

Ct Cl

September 8, 2011

Mark Alan Carlson, Claimant,
v.
The State of New York, Defendant.

For Claimant: BROWN AND KELLY, LLP, BY: LISA T. SOFFERIN, ESQ.

For Defendant: HON. ERIC T. SCHNEIDERMAN, New York State Attorney General, BY: WENDY E. MORCIO, ESQ.

MICHAEL E. HUDSON, J.

Defendant has moved pursuant to CPLR 3212 for partial summary judgment. [1] The Court will grant the motion, in limited part.

The Court has reviewed the following documents:

1.Claim, [2] verified May 22, 2006, [3] filed May 25, 2007;
2.Answer, verified June 28, 2007, filed June 29, 2007;
3.Amended Answer, [4] verified April 25, 2011, filed April 26, 2011;
4.Notice of Motion for Partial Summary Judgment, dated April 15, 2011, filed April 18, 2011;
5.Affidavit in Support of Motion for Partial Summary Judgment of Wendy E. Morcio, sworn to April 15, 2011, with attached exhibits, and affidavit of Melissa Trostle, sworn to April 14, 2011;
6.Affirmation of Lisa T. Sofferin, dated May 25, 2011, filed May 27, 2011, with attached exhibits;
7.Reply Affidavit in Support of Motion for Partial Summary Judgment of Wendy E. Morcio, sworn to May 27, 2011, filed June 1, 2011, with attached exhibits, and affidavits of Richard Woodward II, sworn to May 27, 2011, and Robert F. Raymond, sworn to April 22, 2011;
8.Affidavit of Mark Alan Carlson, sworn to May 27, 2011, filed ...

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