WELLS v. STATE OF NEW YORK


267 A.D.2d 179 (1999)

701 N.Y.S.2d 28

HELEN L. WELLS, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 86127.)

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

Decided December 28, 1999.


The evidence at trial supports the Court of Claims' findings that vouchers often could not be submitted in timely fashion because of the failure of 18-B Plan employees to promptly process paperwork, that vouchers were often paid even though submitted late, and that in certain circumstances often applicable to claimant, attorneys were actually encouraged to delay submission of vouchers. These findings support the conclusion that the Plan's refusal to process claimant's late...

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