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Saffioti v. State

Appellate Division of the Supreme Court of New York, Third Department
Feb 16, 1971
36 A.D.2d 666 (N.Y. App. Div. 1971)

Opinion

February 16, 1971


Appeals from orders of the Court of Claims, which denied motions for permission to file late claims. More than two years had run from the accrual of appellant's alleged claims against the State, and thus the Court of Claims could not acquire jurisdiction of the subject matter of the action (Court of Claims Act, § 10, subd. 5; Wheeler v. State of New York, 285 App. Div. 100 8). Moreover, appellant's exclusive procedure for reviewing the issues he seeks to review lies as set forth in the Labor Law (Labor Law, §§ 626, 623, 624), which procedure, we note, he has already fully utilized ( Matter of Saffioti [ Catherwood], 28 A.D.2d 1013, mot. for lv. to app. den. 21 N.Y.2d 641, 21 N.Y.2d 643), and, accordingly, he is completely foreclosed from attacking these determinations in the Court of Claims. Orders affirmed, without costs. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Sweeney, JJ., concur.


Summaries of

Saffioti v. State

Appellate Division of the Supreme Court of New York, Third Department
Feb 16, 1971
36 A.D.2d 666 (N.Y. App. Div. 1971)
Case details for

Saffioti v. State

Case Details

Full title:DOMINICK SAFFIOTI, Appellant, v. STATE OF NEW YORK, Respondent. (Motions…

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

Date published: Feb 16, 1971

Citations

36 A.D.2d 666 (N.Y. App. Div. 1971)

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