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MITTERMEIER v. STATE

8707, 8708.

101 A.D.3d 426 (2012)

955 N.Y.S.2d 25

2012 NY Slip Op 8266

FREDERICK J. MITTERMEIER, JR., et al., Appellants, v. STATE OF NEW YORK, Respondent.

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

December 4, 2012.

The Court of Claims providently exercised its discretion in denying claimants' motion (see generally Matter of Soble v State of New York, 189 A.D.2d 970 [3d Dept 1993]). Petitioners failed to demonstrate a reasonable excuse for their failure to file a timely notice of claim since they did not provide a physician's affidavit or hospital records to document claimant Frederick Mittermeier's alleged period of convalescence or explain...

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