JOMARRON v. STATE


23 A.D.3d 527 (2005)

806 N.Y.S.2d 617

JOVANY JOMARRON, Appellant, v. STATE OF NEW YORK, Respondent.

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

November 21, 2005.


Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, the motion is granted, the cross motion is denied, and the late claim is deemed filed.

"Court of Claims Act § 10 (6) permits a court, in its discretion, upon consideration of certain enumerated factors, to allow a claimant to file a late claim . . . No one factor is deemed controlling, nor is the presence or absence of any one factor dispositive" (Broncati v State of...

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