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Tinyes v. State

82 A.D.3d 1109, 918 N.Y.2d 898
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 22, 2011
StatusPublished

This text of 82 A.D.3d 1109 (Tinyes 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
Tinyes v. State, 82 A.D.3d 1109, 918 N.Y.2d 898 (N.Y. Ct. App. 2011).

Opinion

The Court of Claims providently exercised its discretion in denying the claimant’s petition for leave to file a late claim. Upon weighing the statutory factors set forth in Court of Claims Act § 10 (6) (see Edens v State of New York, 259 AD2d 729, 730 [1999]; Holly v State of New York, 191 AD2d 678 [1993]), the Court of Claims properly determined that the claimant failed to come forth with a reasonable excuse for his failure to file a timely claim and failed to demonstrate that his claim was potentially meritorious. Dillon, J.E, Leventhal, Belen, Austin and Cohen, JJ., concur.

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Related

Holly v. State
191 A.D.2d 678 (Appellate Division of the Supreme Court of New York, 1993)
Edens v. State
259 A.D.2d 729 (Appellate Division of the Supreme Court of New York, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
82 A.D.3d 1109, 918 N.Y.2d 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tinyes-v-state-nyappdiv-2011.