Dunn v. State

Appellate Division of the Supreme Court of New York

Dunn v. State

23 A.D.2d 709, 257 N.Y.S.2d 238, 1965 N.Y. App. Div. LEXIS 4687

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 12, 1965

DocketClaim No. 43974

StatusPublished

This text of 23 A.D.2d 709 (Dunn v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dunn v. State, 23 A.D.2d 709, 257 N.Y.S.2d 238, 1965 N.Y. App. Div. LEXIS 4687 (N.Y. Ct. App. 1965).

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Opinion

—Memorandum by the Court.

Appeal from an order of the Court of Claims which granted respondents’ motion for leave to file a claim after the statutory period had expired (Court of Claims Act, § 10, subd. 5). Appellant asserts that the moving affidavits do not show a reasonable excuse for failure to file a claim within the prescribed period. The order was discretionary with the court below and we cannot say that such discretion was improperly exercised. Order affirmed, with costs. Herlihy, J. P., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.

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—Memorandum by the Court.

Appeal from an order of the Court of Claims which granted respondents’ motion for leave to file a claim after the statutory period had expired (Court of Claims Act, § 10, subd. 5). Appellant asserts that the moving affidavits do not show a reasonable excuse for failure to file a claim within the prescribed period. The order was discretionary with the court below and we cannot say that such discretion was improperly exercised. Order affirmed, with costs. Herlihy, J. P., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.

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Bluebook (online)

23 A.D.2d 709, 257 N.Y.S.2d 238, 1965 N.Y. App. Div. LEXIS 4687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-state-nyappdiv-1965.