Legal Opinion

Gatti v. State

Appellate Division of the Supreme Court of the State of New York

Decided November 29, 1982PublishedCited by 6 opinions

1Opinion of the Court

In a proceeding for permission to file a late claim against the State of New York, the appeal is from an order of the Court of Claims (Blinder, J.), dated June 29, 1981, which granted petitioner’s application. Order reversed, on the law, without costs or disbursements, and application denied. Subdivision 6 of section 10 of the Court of Claims Act now gives the Court of Claims broader discretion in determining applications for permission to file a late claim (see Rios v State of New York, 67 AD2d 744). Nevertheless, under the circumstances at bar, the court clearly abused its discretion in…

2Cases cited3 opinions

  1. Erca v. StateAppellate Division of the Supreme Court of the State of New York · 1976
  2. Erca v. StateNew York Court of Appeals · 1977
  3. Rios v. StateAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by6 opinions

  1. Garguiolo v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1988
  2. Weaver v. StateAppellate Division of the Supreme Court of the State of New York · 1985
  3. Goldberg v. StateAppellate Division of the Supreme Court of the State of New York · 1986
  4. De Olden v. StateAppellate Division of the Supreme Court of the State of New York · 1983
  5. Jenkins v. StateNew York Court of Claims · 1983

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