Gallagher v. State

—In a proceeding pursuant to Court of Claims Act § 10 (6) for leave to file a late claim against the State, the defendant appeals from an order of the Court of Claims (Ruderman, J.), dated December 18, 1995, which granted the application.

Ordered that the order is reversed, as a matter of discretion, with costs, and the claimant’s application is denied.

The Court of Claims improvidently exercised its discretion in granting the claimant’s application for leave to file a late claim. Court of Claims Act § 10 (6) permits the late filing of a claim, in the court’s discretion, upon consideration of…