Unigard Insurance Group v. State

OPINION OF THE COURT

Cozier, J.

The instant proceeding presents this Court with issues of first impression: whether the service of a motion for leave to serve and file a late notice of claim is governed by CPLR 2103, and whether a motion for such relief is timely made where the motion was filed and mailed before the expiration of the applicable Statute of Limitations, but received after the expiration of such period. There is apparently no controlling case law which explicitly addresses these issues.

The claimant, Unigard Insurance Group (hereinafter Unigard), seeks to recover the amount it paid…