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  5. 55 N.Y.2d 979 (1982)
 

BAY TERRACE COOP. SECTION IV, INC. v. NEW YORK STATE EMPLOYEES' RET. SYS. POLICEMEN'S & FIREMEN'S RET. SYS.

55 N.Y.2d 979 (1982)

Bay Terrace Cooperative Section IV, Inc., Appellant, v. New York State Employees' Retirement System Policemen's and Firemen's Retirement System, Respondent.

Court of Appeals of the State of New York.

Decided February 18, 1982.

Attorney(s) appearing for the Case

Lawrence B. Lame and Arnold Eiger for appellant.

Robert Abrams, Attorney-General (Jeremiah Jochnowitz, Shirley Adelson Siegel and Joseph F. Gibbons of counsel), for appellant.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDA.

The order of the Appellate Division should be reversed, with costs, and the case remitted to that court for the exercise of its discretion.

The Appellate Division erred in determining the application to file a late claim as a matter of law (cf. Cedano v City of New York, 51 N.Y.2d 896). Contrary to that court's view, the tender of a reasonable excuse for delay...

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