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PRISCO v. STATE OF NEW YORK

62 A.D.3d 978 (2009)

DINO PRISCO, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided May 26, 2009.

Ordered that the order is affirmed, with costs.

The Court of Claims properly granted that branch of the defendant's motion which was to dismiss the claim as untimely. For purposes of the Court of Claims Act, a claim accrues when damages are reasonably ascertainable (see Local 851 of Intl. Bhd. of Teamsters v State of New York, 36 A.D.3d 672, 673 [2007]; Kaufman v State of New York, 18 A.D.3d 503

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