Opinion
October 24, 1967
Appeal by claimant from an order of the Court of Claims denying permission to file a late notice of claim against the State of New York, and also from an order denying such permission upon a rehearing of the motion. A notice of claim for damages resulting from personal injuries was submitted within ninety days after the accident, but service was made on the State Comptroller and the Commissioner of Public Works, rather than on the Attorney-General and the Clerk of the court as required by statute (Court of Claims Act, § 11). Apparently claimant's attorney, a member of the New York Bar, relied upon assurances of a process service organization that delivery to the Comptroller and the Commissioner would be sufficient. Filing of a late claim is in the discretion of the court and it was not error to find that the alleged reliance does not constitute a reasonable excuse within the meaning of subdivision 5 of section 10 CTC of the Court of Claims Act (see Havill v. State of New York, 284 App. Div. 932; Fenimore v. State of New York, 28 A.D.2d 626). Orders affirmed, without costs. Herlihy, J.P., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Aulisi, J.