Ordered that the order is affirmed, with costs.
The instant claim arises out of the claimant's involuntary admission on an emergency basis pursuant to Mental Hygiene Law § 9.39 (a) to the Creedmoor Psychiatric Center (hereinafter Creedmoor) on December 13, 1994. The claimant was
It is well settled that the decision to grant or deny an application for permission to file a late claim lies within the broad discretion of the Court of Claims (see, Matter of Soble v State of New York, 189 A.D.2d 970). Although the court is required to consider the six factors set forth in Court of Claims Act § 10 (6), no single factor is deemed controlling (see, Holly v State of New York, 191 A.D.2d 678).
In the case at bar, the Court of Claims properly determined that the claimant's excuse — ignorance of the law — for the one-year delay in filing his claim was unacceptable (see, Matter of Dancy v Poughkeepsie Hous. Auth., 220 A.D.2d 413; Weber v County of Suffolk, 208 A.D.2d 527). Furthermore, the court properly determined that the claimant had failed to adequately establish the existence of a meritorious claim. A confinement pursuant to Mental Hygiene Law article 9 is deemed privileged in the absence of medical malpractice (see, Ferretti v Town of Greenburgh, 191 A.D.2d 608). Since the claimant failed to submit any expert medical opinion evidence, he was unable to show that his confinement was without privilege, a necessary element of the false imprisonment claim. For the same reason, the negligent commitment claim must fail (see, Ferretti v Town of Greenburgh, supra, at 610-611). Moreover, the hospital records clearly refute the claimant's assertion that the procedures set forth in Mental Hygiene Law § 9.39 (a) were not followed.
As the claimant failed to present a reasonable excuse for his delay in filing a claim and failed to establish that his claims had the appearance of merit, it was not an improvident exercise of discretion to deny his application (see, Matter of Barella v State of New York, 232 A.D.2d 633; Klingler v State of New York, 213 A.D.2d 378).