WORDEN v. STATE


4 A.D.2d 742 (1957)

Myrtle M. Worden, as Administratrix of The Estate of Louis G. Worden, Deceased, Respondent, v. State of New York, Appellant. (Motion No. M-4007.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 19, 1957


Order insofar as appealed from reversed and matter remitted to the Court of Claims to exercise its original discretion as to whether, under all the circumstances disclosed by the record, late filing should be permitted.

Memorandum:

We believe that the Court of Claims erred in holding that the time had not expired within which respondent could file a claim as of right. In the view which that court took of the case, it was not called upon to exercise its discretion...

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