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DE CASTELLO v. STATE OF NEW YORK

23 Misc.2d 939 (1960)

Patricia De Castello as Administratrix of Danielle F. Mamboury, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 36407.)

Court of Claims.

July 1, 1960.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Joseph A. Romano of counsel), for defendant. Edward I. Elicofon for claimant.

RICHARD S. HELLER, J.

This is a motion to dismiss on the ground that the Court of Claims lacks jurisdiction to hear and determine the claim because it was not filed within the time provided by section 10 of the Court of Claims Act.

Danielle Francoise Mamboury was instantly killed on March 3, 1957 in an automobile accident occurring on Route No. 17, a State highway, in the Town of Colchester, Delaware County, New York.

On May 2, 1957, a...

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