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Dunn v. State

23 A.D.2d 709 Court N.Y. App. Div. Decision date 1965-03-12 Docket Claim No. 43974 English

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p. 709
In the Matter of Herma D. Dunn, Individually and as Administratrix of the Estate of Herman Springhorn, Deceased, et al., Respondents, v. State of New York, Appellant.
(Claim No. 43974.)

—Memorandum by the Court.

Appeal 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.