Sessa v. State

Herlihy, J. (dissenting).

The majority contends that Matter of Beary v City of Rye (44 NY2d 398) considered a problem of statutory construction so analogous to the amendment of the Court of Claims Act accomplished by chapter 280 of the Laws of 1976 as to require a finding that the instant claim, as well as the claims heretofore considered in Paul v State of New York (59 AD2d 800) and Lewis v State of New York (60 AD2d 675), must be dismissed for a failure of timely filing.

*337In Beary the court was considering the recent amendment to section 50-e of the General Municipal Law which had the effect…