Director v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a claim to recover damages for personal injuries, etc., the claimants appeal from an order of the Court of Claims (Silverman, J.), entered February 3, 1997, which denied their motion pursuant to Court of Claims Act § 10 (6) for leave to file a late claim.
Ordered that the order is affirmed, with costs.
Court of Claims Act § 10 (6) permits the late filing of a claim, in the court’s discretion, upon consideration of certain enumerated factors (see, Savino v State of New York, 199 AD2d 254). No one factor is considered determinative (see, Bay Terrace Coop. Section IV v New York State…
2Cases cited4 opinions
- Bay Terrace Cooperative Section IV, Inc. v. New York State Employees' Retirement System Policemen's & Firemen's Retirement SystemNew York Court of Appeals · 1982
- Saving v. StateAppellate Division of the Supreme Court of the State of New York · 1993
- Cabral v. StateAppellate Division of the Supreme Court of the State of New York · 1989
- Barella v. StateAppellate Division of the Supreme Court of the State of New York · 1996