Kaufman v. State

In a claim to recover for damage to property, the claimants appeal from an order of the Court of Claims (Scuccimarra, J.), dated April 7, 2004, which denied their motion for leave to serve and file a late claim.

Ordered that the order is affirmed, with costs.

The Court of Claims providently exercised its discretion in denying the claimants’ motion for leave to serve and file a late claim (see Court of Claims Act § 10; Matter of E.K. v State of New York, 235 AD2d 540 [1997]). The actions complained of were discretionary acts performed by public employees of the New York State Department of…