Opinion
October 30, 1995
Appeal from the Court of Claims (Silverman, J.).
Ordered that the appeal from the order entered April 8, 1994, is dismissed, without costs or disbursements, as that order was superseded by the order entered June 16, 1994, made upon renewal and reargument; and it is further,
Ordered that the order entered June 16, 1994, is affirmed insofar as appealed from, without costs or disbursements.
The Court of Claims properly found that the claimant should not be granted leave to file a late claim. While it is true the failure to tender a valid excuse will not in and of itself mandate the denial of a timely motion for leave to file a late claim (see, Bay Terrace Coop. Section IV v. New York State Employees' Retirement Sys., 55 N.Y.2d 979), it was not an improvident exercise of discretion to deny leave to a claimant who had known about the claimed deficiency in service for over two years, but failed to offer any excuse for not making the motion (see, Innis v. State of New York, 92 A.D.2d 606, affd 60 N.Y.2d 654).
We have examined the claimant's remaining contention and find it to be without merit. Balletta, J.P., Thompson, Ritter and Florio, JJ., concur.