Boland v. State of New York

Scileppi, J. (dissenting).

Claims asserted against the State by statutory prescription, under ordinary circumstances, are to be filed within 90 days of their accrual (Court of Claims Act, § 10, subd. 3). Where the claim is not filed within the statutory period, a delinquent claimant may seek relief Jby way of a motion to file ‘ ‘ a late claim ’ ’, addressed to the sound discretion of the court (Court of Claims Act, § 10, subd. 5); or, if disabled by reason of some recognized legal impediment — infancy, detention in a State institution, or insanity, even absent an adjudication of incompetency…