Oakley v. State

—In a claim to recover damages for personal injuries, etc., the claimants appeal from an order of the Court of Claims (Collins, J.), entered April 10, 2000, which granted the defendant’s motion to dismiss the claim for lack of subject matter jurisdiction.

Ordered that the order is reversed, without costs or disburse*470ments, and the matter is remitted to the Court of Claims, with the direction to defer disposition of the defendant’s motion until resolution of the claimants’ motion for leave to file a late claim.

The Court of Claims properly found that the claimants failed to comply with the…