MATTER OF MORALES v. STATE OF NEW YORK


292 A.D.2d 455 (2002)

738 N.Y.S.2d 886

In the Matter of WILDA MORALES, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided March 11, 2002.


Ordered that the order is reversed, on the facts and as a matter of discretion, without costs or disbursements, and the application is granted.

We disagree with the conclusion of the Court of Claims that the claimant failed to establish a potentially meritorious claim against the State because she did not submit an expert's affidavit. Furthermore, although the claimant's proffered excuse for failure to file a timely claim was not compelling, considering that the delay...

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