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MATTER OF BARELLA v. STATE

232 A.D.2d 633 (1996)

648 N.Y.S.2d 1014

In the Matter of Neil Barella, Claimant, and Jean Barella, Appellant, v. State of New York et al., Respondents

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

October 28, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this matter, we agree with the Court of Claims that the appellant did not demonstrate a reasonable excuse for her failure to file a timely notice of claim (see, Weber v County of Suffolk, 208 A.D.2d 527), nor did she adequately demonstrate the merit of her claim. While the presence or absence of any one of the relevant...

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