Dolberry v. State
Opinion of the Court
In a claim, inter alia, to recover damages for personal injuries, the claimant appeals from an order of the Court of Claims (Scuccimarra, J.), dated December 15, 2008, which denied his motion, in effect, for leave to file a late claim pursuant to Court of Claims Act § 10 (6).
Ordered that the order is affirmed, without costs or disbursements.
The Court of Claims has discretion to permit the filing of a late claim “at any time before an action asserting a like claim against a citizen of the state would be barred under the provisions of [CPLR] article two” (Court of Claims Act § 10 [6]). Here, the claimant’s motion, in effect, for leave to file a late claim was made after all applicable limitations periods had expired and, thus, the Court of Claims properly denied the mo
Case-law data current through December 31, 2025. Source: CourtListener bulk data.