Lewis v. State

— Appeal from an order of the Court of Claims, entered May 16, 1975, which granted defendant’s motion to dismiss the claim. The instant claim was previously before this court and the pertinent facts are set forth in Lewis v State of New York (60 AD2d 675). In our earlier decision we reversed the order of the Court of Claims and ruled that the claim should be accepted by the State as a permissible late filing. Subsequently, after Matter of Beary v City of Rye (44 NY2d 398) was handed down by the Court of Appeals, we overruled in Sessa v State of New York (63 AD2d 334), our position in Lewis…