Appellate Division of the Supreme Court of the State of New York May 3, 2007 (Pristell v. State)

Cardona, EJ.

Appeal from an order of the Court of Claims (Lebous, J.), entered July 28, 2005, which denied claimant’s motion to have his notice of intention to file a claim treated as a claim pursuant to Court of Claims Act § 10 (8).

Claimant is an inmate in the custody of the Department of Correctional Services (hereinafter DOCS).