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23 A.D.2d 709

Dunn v. State

Appellate Division of the Supreme Court of the State of New York · decided 1965-03-12

Decided 1965-03-12

¶1—Memorandum by the Court.

¶2Appeal from an order of the Court of Claims which granted respondents’ motion for leave to file a claim after the statutory period had expired (Court of Claims Act, § 10, subd. 5). Appellant asserts that the moving affidavits do not show a reasonable excuse for failure to file a claim within the prescribed period. The order was discretionary with the court below and we cannot say that such discretion was improperly exercised. Order affirmed, with costs. Herlihy, J. P., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.

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