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BUYES v. STATE OF NEW YORK

Claim No. 94158. 2020-02799.

208 A.D.3d 745 (2022)

172 N.Y.S.3d 642

2022 NY Slip Op 05015

Wayne E. Buyes, Appellant, v. State of New York, Respondent.

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

Decided August 24, 2022.

Attorney(s) appearing for the Case

John M. O'Brien , Sag Harbor, NY, for appellant.

Letitia James , Attorney General, New York, NY ( Anisha S. Dasgupta and David Lawrence III of counsel), for respondent.

Duffy, J.P., Iannacci, Miller and Zayas, JJ., concur.

Ordered that the order is affirmed, with costs.

The claimant moved for leave to file a late claim pursuant to Court of Claims Act § 10(6) to recover damages for negligent infliction of emotional distress. The State opposed the motion. In the order appealed from, the Court of Claims denied the claimant's motion. The claimant appeals. We affirm.

"Court of Claims Act § 10(6) permits a court, in its discretion...

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