Matter of Pesco v. State

Full title: In the Matter of JEANEITE PESCO, Appellant, v. STATE OF NEW YORK…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 23, 1997

240 A.D.2d 671 (N.Y. App. Div. 1997)

659 N.Y.S.2d 997

Opinion

June 23, 1997

Ordered that the unpublished decision and order of this Court, dated March 17, 1997, is recalled and vacated and the following decision and order is substituted therefor:

In a proceeding for leave to file a late claim pursuant to Court of Claims Act § 10 (6), the claimant appeals, as limited by her brief, from so much of an order of the Court of Claims (Silverman, J.), dated December 6, 1995, as denied that branch of her application which was for leave to file a late claim against the State of New York.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Court of Claims did not improvidently exercise its discretion in denying that branch of the claimant's application which was for leave to file a late claim against the State of New York ( see, Matter of Barella v. State of New York, 232 A.D.2d 633).

Ritter, J.P., Pizzuto, Altman and Krausman, JJ., concur.