Legal Opinion
De Hart v. State
New York Court of Claims
Decided December 28, 1977No. Motion No. M-19814PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Jeremiah J. Moriarty, J.
Quoting from the notice of motion, claimant moves "for an Order permitting the above named claimant to file the annexed proposed Notice of Intention to File Claim in accordance with Subdivision 5 of Section 10 of the Court of Claims Act”. The appropriate section for consideration of this motion is subdivision 6 of section 10, and we will consider the motion as brought under that subdivision.
In order to exercise our discretion to allow a late filing, two threshold requirements must be satisfied.
First, the motion must be brought prior to the running…
2Cases cited4 opinions
- Patterson v. StateAppellate Division of the Supreme Court of the State of New York · 1976
- Petronis v. StateNew York Court of Claims · 1939
- Davis v. StateAppellate Division of the Supreme Court of the State of New York · 1967
- Weinstein v. New York State Thruway AuthorityNew York Court of Claims · 1960
3Cited by11 opinions
- Claim of Welch v. StateAppellate Division of the Supreme Court of the State of New York · 1979
- Jackson v. New York StateDistrict Court, N.D. New York · 2005
- McBean v. Government of the Virgin IslandsSupreme Court of The Virgin Islands · 1983
- Schwartzberg v. StateNew York Court of Claims · 1983
- Cannon v. StateNew York Court of Claims · 1994
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