Opinion
March 6, 1995
Appeal from the Court of Claims (Corbett, J.).
Ordered that the order is affirmed, with costs.
In order to obtain leave to file a late claim the claimant must establish that there is some merit to the claim asserted (De Olden v. State of New York, 91 A.D.2d 1057). The claimant's unsupported opinion that her motor vehicle accident might not have happened had the State installed a traffic light at the intersection where it occurred does not suffice to establish that her claim has merit (Nyberg v. State of New York, 154 Misc.2d 199). We further note that the claimant's 9-month delay in filing her claim is not adequately excused by her physician's explanation that she had suffered, inter alia, a cerebral concussion and cervical strain for an unspecified period of time after the accident (see, e.g., Cabral v. State of New York, 149 A.D.2d 453). Santucci, J.P., Joy, Friedmann and Florio, JJ., concur.