Pesco v. State

Appellate Division of the Supreme Court of New York

Pesco v. State

240 A.D.2d 671, 659 N.Y.S.2d 997, 1997 N.Y. App. Div. LEXIS 6866

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

DecidedJune 23, 1997

StatusPublished

This text of 240 A.D.2d 671 (Pesco 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

Pesco v. State, 240 A.D.2d 671, 659 N.Y.S.2d 997, 1997 N.Y. App. Div. LEXIS 6866 (N.Y. Ct. App. 1997).

Pincite

Opinion

On the court’s own motion, it is

Ordered that the unpublished decision and order of this Court, dated March 17, 1997, is recalled and vacated and the following decision and order is substituted therefor: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 AD2d 633). Ritter, J. P., Pizzuto, Altman and Krausman, JJ., concur.

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