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KOZAK v. STATE

35 A.D.2d 909 (1970)

Mildred Kozak, Respondent, v. State of New York, Appellant. (Claim No. 52514.) Rudolph Kozak, Respondent, v. State of New York, Appellant. (Claim No. 52513.)

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

November 5, 1970

Order unanimously reversed, without costs, and motion denied.

Memorandum:

As we held in Dimovitch v. State of New York (33 A.D.2d 146) the requirements of section 10 of the Court of Claims Act as to the filing of claims must be strictly construed, because the question of timeliness of filing is jurisdictional. Upon an application for permission to file a claim after the expiration of the 90-day period following the...

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