WEAVER v. STATE


112 A.D.2d 416 (1985)

Joseph Weaver, Appellant, v. State of New York, Respondent

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

July 29, 1985


Order dated March 1, 1984 reversed, on the law, without costs or disbursements, motion to renew granted, and, upon renewal, order dated May 9, 1983 vacated, and application to file a late claim against the State granted. Claimant's "proposed claim" is deemed served.

We note at the outset that the Court of Claims erred in treating claimant's motion as one "to reargue" and accordingly denying it "as untimely". The claimant's motion was clearly one to renew a prior unsuccessful...

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