CATALDO v. STATE OF NEW YORK


205 Misc. 547 (1954)

Angelo Cataldo et al., Claimants, v. State of New York, Defendant. (Claim No. 31771.)

Court of Claims.

April 7, 1954.


Attorney(s) appearing for the Case

John P. Gualtieri for claimants.

Nathaniel L. Goldstein, Attorney-General (Douglas L. Manley of counsel), for defendant.


MAJOR, J.

This claim was on the Utica Trial Term calendar for the term opening on September 14, 1953. At the opening of the court, a motion on behalf of the State was returnable, asking "for an order dismissing the claim upon the ground that the Court has not jurisdiction thereof because no claim was filed within the time provided by Section 10 of the Court of Claims Act".

It appears from the affidavits of the State filed on and pertaining to...

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