Opinion
March 30, 1995
Appeal from the Court of Claims of the State of New York (Gerard Weisberg, J.).
The court correctly held that it has subject matter jurisdiction over this timely commenced claim under Public Officers Law § 17 for reimbursement of the settlement amount and cost of defending a malpractice action against claimant's subrogor, an assistant professor of medicine at SUNY-Down-state Medical Center (Frontier Ins. Co. v. State of New York, 172 A.D.2d 13), and that a CPLR article 78 proceeding by the subrogor was not necessary or appropriate (Frontier Ins. Co. v. State of New York, 197 A.D.2d 177, 181).
Concur — Rosenberger, J.P., Ellerin, Wallach, Kupferman and Mazzarelli, JJ.