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Matter of Sausville v. State of New York

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1994
204 A.D.2d 728 (N.Y. App. Div. 1994)

Opinion

May 31, 1994

Appeal from the Court of Claims (Corbett, J.).


Ordered that the order is affirmed, with costs.

The Court of Claims properly exercised its discretion in denying the claimants' application for leave to file a late claim. The claimants failed to show that their claims appear to be meritorious (see, Matter of Garguiolo v. New York State Thruway Auth., 145 A.D.2d 915; Sevillia v. State of New York, 91 A.D.2d 792). The claimants also failed to show that the State had received timely notice of the essential facts constituting their claims (see, Matter of Santana v. New York State Thruway Auth., 92 Misc.2d 1), and they failed to demonstrate a reasonable excuse for their delay in filing their claims (see, Matter of Garguiolo v. New York State Thruway Auth., supra).

We have examined the claimants' remaining contentions and find them to be without merit. Thompson, J.P., Rosenblatt, Pizzuto and Florio, JJ., concur.


Summaries of

Matter of Sausville v. State of New York

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1994
204 A.D.2d 728 (N.Y. App. Div. 1994)
Case details for

Matter of Sausville v. State of New York

Case Details

Full title:In the Matter of DEBORAH SAUSVILLE et al., Appellants, v. STATE OF NEW…

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

Date published: May 31, 1994

Citations

204 A.D.2d 728 (N.Y. App. Div. 1994)
614 N.Y.S.2d 247

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