CRAVEN v. STATE


29 A.D.2d 820 (1968)

George J. Craven et al., Individually and as Copartners Doing Business as Jorge Company, Respondents, v. State of New York, Appellant. (Claims Nos. 39945, 39946.)

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

February 20, 1968


HERLIHY, J.

Assuming that the court had the power to dismiss the second amended claims, such would be discretionary and the State has shown no abuse of such discretion. Accordingly, the second order must be affirmed if the first order was correct. Under the procedure in the Court of Claims the State need not file any answer to a claim and for procedural purposes the claim is deemed controverted in all material respects. In the present case the claimants...

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