Order unanimously reversed without costs and motion granted.
Memorandum:
Under the circumstances in this case, it was an improvident exercise of discretion to deny claimant the opportunity to file a late notice of claim against the State to litigate his claim on the merits. Claimant was injured on April 5, 1976 while operating a hand power saw which was owned and maintained by the State on the premises of the State University College at Buffalo. Since the...
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