Legal Opinion

Dippolito v. State

New York Court of Claims

Decided June 3, 2002No. Motion No. M-64815Published

1Opinion of the Court

OPINION OF THE COURT

Ferris D. Lebous, J.

Claimant moves for permission to file a late claim pursuant to Court of Claims Act § 10 (6), as well as permission to proceed as a poor person under CPLR 1101 and 1102. The State of New York (hereinafter State) opposes the motion.

*3961. Motion For Permission to Late File

The proposed claim indicates that claimant, currently incarcerated in the Broome County Correctional Facility, was arrested by Investigator Robert DelGiorno of the New York State Police on August 17, 2001. Claimant asserts that at the time of his arrest his personal property was confiscated…

2Cases cited8 opinions

  1. Meese v. MillerAppellate Division of the Supreme Court of the State of New York · 1981
  2. Santana v. New York State Thruway AuthorityNew York Court of Claims · 1977
  3. Smith v. Chase Manhattan Bank, USA, N.A.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Metropolitan Electric Manufacturing Co. v. Herbert Construction Co.Appellate Division of the Supreme Court of the State of New York · 1992
  5. Marcus v. StateAppellate Division of the Supreme Court of the State of New York · 1991

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