Nastasi v. State

Lambíase, J.

This is a motion by the State of New York for an order dismissing claimant’s notice of intention to file a claim, and dismissing claimant’s claim as filed herein on the ground of claimant’s failure to secure permission of this court to so file prior to the filing thereof.

The State contends that as a condition precedent, and preliminary to the filing of said intention to file a claim and to the filing of the claim itself, claimant should have addressed himself" to and obtained from this court, permission so to do. This appears to be the only question involved on this motion.

The…