Mudd v. State

Appellate Division of the Supreme Court of New York

Mudd v. State

255 A.D.2d 386, 679 N.Y.S.2d 844, 1998 N.Y. App. Div. LEXIS 11795

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

DecidedNovember 9, 1998

StatusPublished

Cited by1 cases

This text of 255 A.D.2d 386 (Mudd 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.

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Mudd v. State, 255 A.D.2d 386, 679 N.Y.S.2d 844, 1998 N.Y. App. Div. LEXIS 11795 (N.Y. Ct. App. 1998).

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Opinion

—In a proceeding pursuant to Court of Claims Act § 10 (6), the claimants appeal from an order of the Court of Claims (McNamara, J.), dated June 30, 1997, which denied their application for leave to file a late claim.

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 NY2d 500; McGuire v Epstein, 167 AD2d 453; Molinoff v Sassower, 99 AD2d 528; Pagliarulo v Pagliarulo, 30 AD2d 840), the Court of Claims properly exercised its discretion in denying their application (see, Court of Claims Act § 10 [6];.Ma#er of E. K. v State of New York, 235 AD2d 540). Mangano, P. J., Rosenblatt, Ritter and Altman, JJ., concur.

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—In a proceeding pursuant to Court of Claims Act § 10 (6), the claimants appeal from an order of the Court of Claims (McNamara, J.), dated June 30, 1997, which denied their application for leave to file a late claim.

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 NY2d 500; McGuire v Epstein, 167 AD2d 453; Molinoff v Sassower, 99 AD2d 528; Pagliarulo v Pagliarulo, 30 AD2d 840), the Court of Claims properly exercised its discretion in denying their application (see, Court of Claims Act § 10 [6];.Ma#er of E. K. v State of New York, 235 AD2d 540). Mangano, P. J., Rosenblatt, Ritter and Altman, JJ., concur.

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Bluebook (online)

255 A.D.2d 386, 679 N.Y.S.2d 844, 1998 N.Y. App. Div. LEXIS 11795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mudd-v-state-nyappdiv-1998.

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