Cimo v. State of New York

Claimant-appellant Cimo, the owner of real property in the village of Falconer, New York, appeals here from a unanimous order of the Appellant Division, Fourth Department, which reversed, on the law, an order made by the Court of Claims, which Court of Claims order had granted claimant’s motion purportedly made under subdivision 5 of section 10 of the Court of Claims Act (L. 1939, ch. 860), for permission for late filing of her claim. Since the Appellate Division’s reversal was stated to be “ on the law ”, there is no question of discretion here, and we need not discuss the factual showing…