Bonaventure v. New York State Thruway Authority

Mahoney, P. J., and Levine, J.,

dissent and vote to reverse in the following memorandum by Levine, J. Levine, J. (dissenting). We respectfully dissent. Of the six statutory factors required to be considered on an application for permission to file a late claim (Court of Claims Act § 10 [6]), the Court of Claims relied on only two in exercising its discretion to deny the motion, namely, the absence of an adequate excuse for the delay and the lack of a meritorious claim. Clearly, under the facts and procedural circumstances, the State and the Thruway Authority had adequate notice and opportunity…