Appellate Division of the Supreme Court of New York, 1965

Dunn v. State

Dunn v. State
Appellate Division of the Supreme Court of New York · Decided March 12, 1965
23 A.D.2d 709; 257 N.Y.S.2d 238; 1965 N.Y. App. Div. LEXIS 4687
Dunn v. State

Opinion of the Court

—Memorandum by the Court.

Appeal from an order of the Court of Claims which granted respondents’ motion for leave to file a claim after the statutory period had expired (Court of Claims Act, § 10, subd. 5). Appellant asserts that the moving affidavits do not show a reasonable excuse for failure to file a claim within the prescribed period. The order was discretionary with the court below and we cannot say that such discretion was improperly exercised. Order affirmed, with costs. Herlihy, J. P., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.

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