Atterbury v. State

This is a motion for an order permitting the late filing of a claim in accordance with the provisions of subdivision 5 of section 10 of the Court of Claims Act.

This claim names the State as defendant. The defendant would seem to be the New York State Thruway Authority. At the hearing of the motion the parties stipulated for the record that the State would not raise this issue. They further agreed that the court should pass upon the facts as if the State were the proper defendant, and the State further stipulated that if the motion were granted that the State would consent to the substituting…