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HURLEY v. STATE

200 A.D.2d 715 (1994)

608 N.Y.S.2d 871

Ann Hurley et al., Appellants, v. State of New York, Respondent. (Claim No. 80257.)

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

January 31, 1994

Ordered that the order dated June 4, 1991, is affirmed; and it is further,

Ordered that the appeal from the order dated October 24, 1991, is dismissed; and it is further,

Ordered that the defendant is awarded one bill of costs.

We agree with the Court of Claims that the appellants' claim for damages for the tortious denial of a driveway permit was untimely filed. Thus, it was properly dismissed (see, Court of Claims Act § 10 [3], [3-b]...

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