Boland v. State

Claimant’s application is for permission to file notice of claim pursuant to subdivision 5 of section 10 of the Court of Claims Act, which reads: “ But if the claimant shall be under legal disability, the claim may be presented within two years after such disability is removed.”

Claimant contends that this legal disability continued until final discharge from the hospital on June 19, 1967.

The State, in opposing the filing of the claim, contends:

1. That claimant, while in Central Islip Hospital, became a voluntary patient on April 18, 1966, and as such was under no legal disability.

2. That “…