Hernandez v. State

In a claim to recover damages for assault, the claimant appeals from an order of the Court of Claims (Scuccimarra, J.), dated February 9, 2006, which denied his motion pursuant to Court of Claims Act § 10 (6) for leave to file a late claim against the State of New York.

Ordered that the order is affirmed, with costs.

Pursuant to Court of Claims Act § 10 (6), the Court of Claims may, in its discretion, permit a claimant to file a late claim against the State of New York “at any time before an action asserting a like claim against a citizen of the state would be barred under the provisions of…