Johnson v. State

This a motion to dismiss the wrongful death claim herein on the ground that this court does not have jurisdiction thereof because the claim was not filed within 90 days after its accrual pursuant to subdivision 2 of section 10 of the Court of Claims Act.

Donald Johnson was killed on December 9, 1972, when he was struck by a motor vehicle while walking on or along Route 110, also known as New York Avenue, in the Town of Huntington, New York. Sandra Johnson Webster, decedent’s mother, filed a notice of intention to' file a claim with the Chief Clerk’s office of the Court of Claims and the…