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COLSON v. STATE OF NEW YORK

115 Misc.2d 402 (1982)

Mabel G. Colson, Individually and as Administratrix of The Estate of Lloyd B. Woodburn, Deceased, Petitioner, v. State of New York, Respondent. (Motion No. M-27181.)

Court of Claims.

August 27, 1982

Attorney(s) appearing for the Case

Pegalis & Wachsman, P. C. (Harvey F. Wachsman and David S. Pollack of counsel), for petitioner. Robert Abrams, Attorney-General (Garbarini, Scher & De Cicco, P. C., Gail Rothstein and Joseph Miklos of counsel), for respondent.

GERARD M. WEISBERG, J.

This is an application pursuant to subdivision 6 of section 10 of the Court of Claims Act to file a late claim against the State of New York for medical malpractice.

One of the six specified factors to be considered by the court is whether the claim "appears to be meritorious." If the petitioner fails to demonstrate this, it is an abuse of discretion to grant the motion. (Schreck v State of New York,

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