Claim of Welch v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
SCHNEPP, J.
The question presented on this appeal is whether the court may relieve a claimant against the State of New York from complete compliance with the prescribed statutory procedures for the filing and service of a notice of intention to file a claim after the time has elapsed within which a late filing application may be permitted. We hold that this failure creates a jurisdictional defect and that the court is without discretionary power to grant nunc pro tunc relief.
Severe and permanent injuries were received by claimants on January 29, 1975 when a large tree fell…
2Cases cited20 opinions
- Feinstein v. BergnerNew York Court of Appeals · 1979
- Buckles v. . State of New YorkNew York Court of Appeals · 1917
- Harvey Chalmers & Son, Inc. v. StateNew York Court of Appeals · 1947
- Stock v. MannNew York Court of Appeals · 1930
- Bommarito v. StateAppellate Division of the Supreme Court of the State of New York · 1971
15 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Byrne v. StateAppellate Division of the Supreme Court of the State of New York · 1984
- Luciano v. Fanberg Realty Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Hines v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1981
- Lurie v. StateAppellate Division of the Supreme Court of the State of New York · 1980
- Berger v. StateAppellate Division of the Supreme Court of the State of New York · 1991
23 more not listed; retrieve them via the Exa API.