Bates v. County of Onondaga

This is a motion by petitioner for an order permitting him to file a claim nunc pro tunc and a cross motion by the respondent for an order directing the rejection of the alleged claim filed against the respondent on the ground it was not filed within the statutory time therefor.

The petitioner was injured in June, 1954, while an inmate at the Onondaga County Penitentiary. He was discharged on November 16, 1954, and served a notice of claim against Onondaga County on or about February 4, 1955.

The petitioner asserts that by reason of the pain and worry caused by his injuries he was incapacitated…