Garguiolo v. New York State Thruway Authority

Order unanimously reversed on the law without costs and motion denied. Memorandum: The Court of Claims, without stating reasons for its decision, granted claimants’ application *916for permission to file a late notice of claim. We reverse. The statutory factors enunciated in Court of Claims Act § 10 (6) preclude granting the relief requested (Gatti v State of New York, 90 AD2d 840). Claimant provides no excuse for his six-month delay in filing a notice of claim. Further, there is no evidence that the State or the Thruway Authority had either notice of the essential facts constituting the claim or…