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Leroy Hoover v. State of New York

State of New York Supreme Court, Appellate Division Third Judicial Department


January 20, 2011

LEROY HOOVER, APPELLANT,
v.
STATE OF NEW YORK, RESPONDENT.

Appeal from an order of the Court of Claims (Ferreira, J.), entered February 25, 2010, which denied claimant's motion for reargument.

The opinion of the court was delivered by: Stein, J.

Decided and Entered: January 20, 2011

MEMORANDUM AND ORDER

Calendar Date: December 14, 2010

Before: Cardona, P.J., Malone Jr., Stein, McCarthy and Egan Jr., JJ.

Claimant, an inmate, was allegedly injured in November 2008 when a prison vehicle, in which he was being taken for medical treatment, struck another vehicle. In April 2009, claimant moved for permission to file a late notice of intention to file a claim and to file a claim against defendant for his alleged injuries. The Court of Claims denied the motion and claimant did not file a notice of appeal from that determination. Claimant thereafter moved for reargument. The Court of Claims denied the motion and claimant now appeals from that order. Inasmuch as the denial of a motion for reargument is not appealable, this appeal must be dismissed (see Matter of Jackson v Smith, 6 AD3d 1016, 1017 n [2004], lv denied 3 NY3d 667 [2004]; Matter of Suarez v Filion, 281 AD2d 743, 744 [2001]).

Cardona, P.J., Malone Jr., McCarthy and Egan Jr., JJ., concur.

ORDERED that the appeal is dismissed, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court

20110120

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