New York State Court of Claims, 1951

Hurley v. State

Hurley v. State
New York State Court of Claims · Decided June 2, 1951 · Young
199 Misc. 843; 105 N.Y.S.2d 349; 1951 N.Y. Misc. LEXIS 1922

Counsel

Allan L. Gurley for claimant., Nathaniel L. Goldstein, Attorney-General (George B. Davis of counsel), for defendant.

Hurley v. State

Opinion of the Court

Young, J.

This is a motion for leave to file a claim after the expiration of ninety days from the accrual of the cause of the action and is brought under subdivision 5 of section 10 of the Court of Claims Act.

In the oral argument before the court, claimant alleges a temporary appropriation in November, 1949. If such be the case, the ninety-day limitation is not applicable and claimant has until November, 1951, in which to file a claim. The motion now before the court is unnecessary and hence is dismissed.

Submit order accordingly.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.