HURLEY v. STATE OF NEW YORK


199 Misc. 843 (1951)

Timothy J. Hurley, Claimant, v. State of New York, Defendant. (Motion No. 1994.)

Court of Claims.

June 2, 1951.


Attorney(s) appearing for the Case

Allan L. Gurley for claimant.

Nathaniel L. Goldstein, Attorney-General (George R. Davis of counsel), for defendant.


YOUNG, J.

This is a motion for leave to file a claim after the expiration of ninety days from the accrual of the cause of the action and is brought under subdivision 5 of section 10 of the Court of Claims Act.

In the oral argument before the court, claimant alleges a temporary appropriation in November, 1949. If such be the case, the ninety-day limitation is not applicable and claimant has until November, 1951, in which to file a claim. The motion...

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