BAKER v. STATE


186 A.D.2d 329 (1992)

Hezekiah E. Baker, Appellant, v. State of New York, Respondent

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

September 24, 1992


Neither claimant's notice of intention to file a claim nor the claim itself were filed within the time limitations set forth in Court of Claims Act § 10 (3). In fact, the notice of intention was not filed until July 10, 1991, which was over two years beyond the accrual date of June 8, 1989. Insofar as the time limitations of the statute are jurisdictional, the Court of Claims properly dismissed the claim as untimely (see, Smith v State of New York,

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