Kelly v. State

Appeal by the claimants from an order of the Court of Claims (Amann, J.), entered August 12,1981, which denied their motion pursuant to subdivision 6 of section 10 of the Court of Claims Act for leave to file a late notice of claim. Order reversed, with $50 costs and disbursements, and claimants’ motion to file a late notice of claim is granted. Under the circumstances of this case, the Court of Claims erred when it denied claimants’ motion on the ground that they failed to proffer a reasonable excuse for not filing a timely notice of claim. “[T]he tender of a reasonable excuse * * * is not a…