Berry v. State

J.

Appeal Harvey, from an order of the Court of Claims (Murray, J.), entered September 25, 1984, which denied claimants’ application pursuant to Court of Claims Act § 10 (6) for permission to file a late claim.

The instant claim arises out of an incident which occurred early in the morning on May 3, 1981 in Banks Hall, a dormitory located on the campus of respondent State University of New York at Plattsburgh (State University). An occupant of the room in which claimant Lana Beth Berry had been sleeping awoke to find the young woman having convulsions and experiencing difficulty in breathing.…