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ERNST v. STATE

8 A.D.2d 900 (1959)

Richard H. Ernst, Respondent, v. State of New York, Appellant. (Motion No. M-4708.)

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

June 9, 1959

On February 24, 1958 claimant was injured in an airplane accident while a passenger in a plane said to have been owned by the New York National Guard and piloted by a National Guard officer. On June 10, 1958 he made a motion for an order permitting him to file a claim against the State of New York in accordance with subdivision 5 of section 10 of the Court of Claims Act. The statutory time within which to file a claim against the State, which is 90 days, had expired some...

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