From Casetext: Smarter Legal Research

Pearlina Innis v. State of New York

Court of Appeals of the State of New York
Sep 20, 1983
455 N.E.2d 483 (N.Y. 1983)

Opinion

Decided September 20, 1983

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEONARD SILVERMAN, J.

Neil H. Kessner and Debra B. De Cicco for appellants.

Robert Abrams, Attorney-General ( Wayne J. Keely of counsel), for respondents.


MEMORANDUM.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs.

The determination of an application to file a late claim pursuant to subdivision 6 of section 10 CTC of the Court of Claims Act is within the discretion of the court below. ( Bay Terrace Coop. Section IV v New York State Employees' Retirement System, 55 N.Y.2d 979, 981.) Absent an abuse of discretion, not present here, that determination is nonreviewable by this court. (Cohen and Karger, Powers of the New York Court of Appeals [rev ed], pp 353-354, 368-369.)

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, in a memorandum.


Summaries of

Pearlina Innis v. State of New York

Court of Appeals of the State of New York
Sep 20, 1983
455 N.E.2d 483 (N.Y. 1983)
Case details for

Pearlina Innis v. State of New York

Case Details

Full title:PEARLINA INNIS et al., Appellants, v. STATE OF NEW YORK et al.…

Court:Court of Appeals of the State of New York

Date published: Sep 20, 1983

Citations

455 N.E.2d 483 (N.Y. 1983)
455 N.E.2d 483
467 N.Y.S.2d 830

Citing Cases

Denio v. State

II. The Court of Claims was correct in awarding a statutory interest rate of 9% in its discretion and the…

DeFilippis v. State

Thus, the claimant's notice of intention to file a claim to recover damages for conscious pain and suffering…