Opinion
November 9, 1998
Appeal from the Court of Claims (McNamara, J.).
Ordered that the order is affirmed, with costs.
The Court of Claims denied the appellants' application to file a late claim seeking to recover damages, inter alia, for malicious prosecution ( see, Court of Claims Act § 10). Because the appellants, among other things, failed to proffer an adequate excuse for their delay or demonstrate that their proposed claims had merit, ( see, Nardelli v. Stamberg, 44 N.Y.2d 500; McGuire v. Epstein, 167 A.D.2d 453; Molinoff v. Sassower, 99 A.D.2d 528; Pagliarulo v. Pagliarulo, 30 A.D.2d 840), the Court of Claims properly exercised its discretion in denying their application ( see, Court of Claims Act § 10; Matter of E. K. v. State of New York, 235 A.D.2d 540).
Mangano, P. J., Rosenblatt, Ritter and Altman, JJ., concur.