DOLBERRY v. STATE

2009-02228.

71 A.D.3d 948 (2010)

896 N.Y.S.2d 891

ANDRE DOLBERRY, Also Known as ANDRE DUBERRY, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided March 23, 2010.


Ordered that the order is affirmed, without costs or disbursements.

The Court of Claims has discretion to permit the filing of a late claim "at any time before an action asserting a like claim against a citizen of the state would be barred under the provisions of [CPLR] article two" (Court of Claims Act § 10[6]). Here, the claimant's motion, in effect, for leave to file a late claim was made after all applicable limitations periods had expired and, thus, the...

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