HARD v. STATE


30 A.D.2d 631 (1968)

Ernestine M. Hard, Deputy County Treasurer of The County of Orleans, as Administratrix of The Estate of Raymond E. Grose, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 45654.)

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

May 9, 1968


Order unanimously reversed, without costs, and claim dismissed.

Memorandum:

There was nothing before the Court of Claims Judge that afforded a basis for permitting the filing of the claim. The opinion seems to be based almost entirely on lack of prejudice, which, of course, is not the standard to be employed. The attorney of record for the claimant states in an affidavit that he called the office of the Attorney-General and was advised that, if he would deposit...

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