Fontenelle v. State

Appeal from an order of the Court of Claims (Murray, J.), entered April 7, 1981, which granted the State’s motion to dismiss the claim. Claimant moved, in January, 1980, for permission to file a late claim. The motion was denied in February, 1980, without prejudice to renewal upon proper papers containing further explanation as to the reason for not filing timely and further alleging the cause of action with greater clarity. Claimant renewed his motion in July, 1980 and permission to file a late claim was granted in November, 1980. Such permission was conditioned as follows: “Movant shall,…