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MATTER OF GALLAGHER v. STATE

236 A.D.2d 400 (1997)

654 N.Y.S.2d 579

In the Matter of Henry J. Gallagher, Respondent, v. State of New York, Appellant. (Claim No. 93295.)

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

February 3, 1997

Ordered that the order is reversed, as a matter of discretion, with costs, and the claimant's application is denied.

The Court of Claims improvidently exercised its discretion in granting the claimant's application for leave to file a late claim. Court of Claims Act § 10 (6) permits the late filing of a claim, in the court's discretion, upon consideration of certain enumerated factors. No one factor is determinative (see, Bay Terrace Coop. Section IV...

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