Opinion
November 5, 1970
Appeal from the Court of Claims.
Present — Goldman, P.J., Marsh, Gabrielli and Moule, JJ.
Order unanimously reversed, without costs, and motion denied. Memorandum: As we held in Dimovitch v. State of New York ( 33 A.D.2d 146) the requirements of section 10 CTC of the Court of Claims Act as to the filing of claims must be strictly construed, because the question of timeliness of filing is jurisdictional. Upon an application for permission to file a claim after the expiration of the 90-day period following the accrual of the claim, subdivision 5 of section 10 requires a showing of reasonable excuse for failure to file within the time limit prescribed. It appears that although claimants consulted with counsel on several occasions and indeed had their claim prepared and executed during the prescribed time period, they delayed authorizing the filing because of a concern that the husband, Rudolph Kozak, might thereby jeopardize his civil service position with the State. Such indecision did not provide a reasonable excuse for the failure to meet the time limitation of the statute. That the State may not have been prejudiced by a late filing would not help the claimants in the absence of a showing of reasonable excuse (see Landry v. State of New York, 1 A.D.2d 934).