Stabile v. State

Appeal from an order of the Court of Claims. Claimant alleges that on July 29, 1956 she was injured while roller skating in a State park. A claim was not filed within 90 days of accrual of the action (Court of Claims Act, § 10, subd. 3), and a motion for permission for late filing within the permissive authorization of subdivision 5 of section 10 has been denied by the Court of Claims. Motion for permission to file the claim was made October 21, 1957, about 15 months after the accident, and six months after the elapse of the time set up in subdivision 5. The test provided by this subdivision…