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ERNST v. STATE OF NEW YORK

15 Misc.2d 954 (1958)

Richard H. Ernst, Claimant, v. State of New York, Defendant. (M-4708.)

Court of Claims.

December 3, 1958.

Attorney(s) appearing for the Case

Philip J. O'Brien for claimant.

Louis J. Lefkowitz, Attorney-General (Lawrence Wayne of counsel), for defendant.

ALEXANDER DEL GIORNO, J.

This is a motion for an order permitting the late filing of a claim in accordance with the provisions of subdivision 5 of section 10 of the Court of Claims Act.

On February 24, 1958, claimant was a passenger in an airplane owned by the New York National Guard and piloted by one 1st Lt. Peter C. Nast, a member of the 42nd Division of the New York National Guard, a part of the Army Aviation branch of the service. The plane...

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