HERNANDEZ v. STATE OF NEW YORK


39 A.D.3d 709 (2007)

835 N.Y.S.2d 288

LARRY HERNANDEZ, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided April 17, 2007.


Ordered that the order is affirmed, with costs.

Pursuant to Court of Claims Act § 10 (6), the Court of Claims may, in its discretion, permit a claimant to file a late claim against the State of New York "at any time before an action asserting a like claim against a citizen of the state would be barred under the provisions of article two of the civil practice law and rules." Here, contrary to the claimant's contention, the Court of Claims correctly concluded that...

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