FONTENELLE v. STATE


90 A.D.2d 929 (1982)

Joseph Fontenelle, Appellant, v. State of New York et al., Respondents. (Claim No. 64977.)

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

November 24, 1982


Claimant moved, in January, 1980, for permission to file a late claim. The motion was denied in February, 1980, without prejudice to renewal upon proper papers containing further explanation as to the reason for not filing timely and further alleging the cause of action with greater clarity. Claimant renewed his motion in July, 1980 and permission to file a late claim was granted in November, 1980. Such permission was conditioned as follows: "Movant shall, however, redraft...

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