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Jackson v. State

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


March 3, 2009

EDNA B. JACKSON, APPELLANT,
v.
STATE OF NEW YORK, RESPONDENT. (CLAIM NO. 113247)

In a claim to recover damages for personal injuries, the claimant appeals, as limited by her brief, from so much of an order of the Court of Claims (Soto, J.), dated November 16, 2007, as denied her motion, inter alia, to deem her claim timely served or, in the alternative, in effect, for leave to file a late claim.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J.P., MARK C. DILLON, ARIEL E. BELEN and CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Court of Claims providently exercised its discretion in denying, in effect, that branch of the claimant's motion which was for leave to file a late claim in the absence of a reasonable excuse for the delay, or any proof of merit (see Scott v Uljanov, 74 NY2d 673; Caso v St. Francis Hosp., 34 AD2d 714; Hardman v Long Is. Urological Assocs., 253 AD2d 849; Stanley v Lebetkin, 123 AD2d 854). The claimant's remaining contentions are either not properly before this Court or without merit.

FISHER, J.P., DILLON, BELEN and CHAMBERS, JJ., concur.

20090303

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