Molinaro v. State

This is a motion for an order dismissing the ¡above-entitled -claim upon the ground that the court does mot have jurisdiction over the subject matter of this .action since the claim -was not filed within 9.0 days -after the ¿accrual of said action as .provided under subdivision 3 of section 10 of the Court of Claims Act.

There is mo question that a claimant faced with acts -of continuing trespassing must file within 90 days of the accrual. (La Rose v. State of New York, 199 Misc. 317.)

Also it is well settled that the 90-day period established by subdivision 3 of section 10 of the Court of…