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MTR. OF WELCH v. STATE

71 A.D.2d 494 (1979)

In the Matter of the Claims of Karen Welch et al., Appellants, v. State of New York, Respondent. (Claim No. 60320.)

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

December 21, 1979

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (G. Robert Witmer, Jr., and William S. Brandt of counsel), for appellants.

Robert Abrams, Attorney-General (Vernon Stuart and Jeremiah Jochnowitz of counsel), for respondent.

HANCOCK, JR., J. P., CALLAHAN, DOERR and MOULE, JJ., concur.

SCHNEPP, J.

The question presented on this appeal is whether the court may relieve a claimant against the State of New York from complete compliance with the prescribed statutory procedures for the filing and service of a notice of intention to file a claim after the time has elapsed within which a late filing application may be permitted. We hold that this failure creates a jurisdictional defect and that the...

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