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Hoover v State of New YorkHoover v State of New York

Appellate Division of the Supreme Court, Third Department
Jan 20, 2011
509129
Versions:80 AD3d 1020
2011 NY Slip Op 00304

Leroy Hoover, Appellant,
v
State of New York, Respondent.

—[*1] Leroy Hoover, Dannemora, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Robert M. Goldfarb of counsel), for respondent.

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

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.

Case Details

Case Name: Hoover v State of New York
Court Name: Appellate Division of the Supreme Court, Third Department
Date Published: Jan 20, 2011
Citations: 80 AD3d 1020; 2011 NY Slip Op 00304; 509129
Docket Number: 509129
Court Abbreviation: N.Y. App. Div. 3rd
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