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eBook details

• Title: Robert J. Green v. State New York
• Author : Supreme Court of New York
• Release Date : January 19, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

GIBSON, P.J. Appeal by the State from an order of the Court of Claims which (1) denied its motion to dismiss, as untimely filed, claims for damages for personal injuries and property damage resulting from a motor vehicle accident allegedly caused by the State's negligence, and (2) granted claimants' cross motion for permission to file late claims. The claims were mailed to the Clerk of the Court of Claims on June 9, 1964, the last day of the statutory 90-day period within which tort claims or notices of intention are required to be filed (Court of Claims Act, § 10, subd. 3), and were received by the Clerk on June 10, 1964, the 91st day after their accrual. The papers were neither signed nor verified and copies bearing signatures and proper affidavits of verification were later supplied, these being received by the clerk on June 24, 1964, long after the expiration of the period. Assuming, nevertheless, for the purpose of reaching the basic question involved, that the copies initially received were valid and sufficient, although unsigned and unverified, or that their deficiencies were subject to correction, the Clerk's receipt of them on the 91st day did not constitute timely filing, inasmuch as a claim ""shall be filed by delivering it at the clerk's office in Albany * * * or upon the receipt thereof at the clerk's office in Albany by mail or by express."" (Rules

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