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M.T.F. INDUS., INC. v. STATE

115 A.D.2d 460 (1985)

M.T.F. Industries, Inc., et al., Appellants, v. State of New York, Respondent

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

December 2, 1985

Order affirmed, with costs.

It was not an abuse of discretion for the Court of Claims to deny claimants' application. Since claimants were represented by counsel in this matter from the time the claims arose, the delay of over 2½ years in asserting these claims in the proper forum is wholly inexcusable and by itself constitutes a ground for denying the application (see, Innis v State of New York, 92 A.D.2d 606

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