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206 Misc. 720

Stone v. State

New York Court of Claims

Decided November 8, 1954

New York Court of Claims · decided 1954-11-08

Decided 1954-11-08

Major, J.

¶1This is a motion for permission to file a late claim against the State of New York, under subdivision 5 of section 10 of the Court of Claims Act.

¶2Claimant’s sole excuse for his failure to file his claim is that he was ‘ ‘ ignorant of our laws and customs relative to the filing of claims against the State; and that he was not aware that he had a claim against the State of New York until he was recently apprised of the fact

¶3There is nothing to indicate that he was under a disability or that he was physically or mentally incapable of seeking counsel as to his rights.

¶4Claimant does not present a reasonable excuse for his tardiness. (Havill v. State of New York, 284 App. Div. 932, and cases cited therein.)

¶5Claimant’s motion is, therefore, denied.

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