Jerrett v. State

Order unanimously reversed on the law and in the exercise of discretion without costs and motion denied. Memorandum: The Court of Claims abused its discretion in granting claimant’s motion to serve a late claim. The court properly found that three of the statutory factors set forth in Court of Claims Act § 10 (6) weighed against claimant, to wit, that there was no valid excuse for claimant’s delay in filing the claim, that the State did not have timely notice of the essential facts constituting the claim, and that the State did not have an opportunity to investigate the circumstances…