Downes v. State

Appeal from an order of the Court of Claims, entered December 14, 1978, which denied claimant permission to file a late claim and dismissed the claim. The facts are undisputed. On October 24, 1975, claimant filed a notice of intention to file a claim, alleging that on January *96817, 1975, he had been assaulted by a former patient at a State mental hospital. The notice of intention was thus not filed within the requisite 90-day period (Court of Claims Act, § 10, subd 3). On January 14, 1977, a claim was filed with the Clerk of the Court of Claims which sought to recover damages caused by the…