DeFILIPPIS v. STATE


157 A.D.2d 826 (1990)

Libiro DeFilippis, Individually and as Executor of Sonia DeFilippis, Deceased, Appellant, v. State of New York, Respondent

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

January 29, 1990


Ordered that the order and judgment is modified, as a matter of discretion, by deleting the provision thereof which denied that branch of the application which was for leave to file a late notice of intention to file a claim pursuant to Court of Claims Act § 10 (6), and substituting therefor a provision granting that branch of the motion; as so modified, the order and judgment is affirmed, without costs or disbursements.

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