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COLOMBO v. STATE OF NEW YORK

Claim No. 121761, 2013-09594.

135 A.D.3d 804 (2016)

22 N.Y.S.3d 893

2016 NY Slip Op 00324

ROSE COLOMBO, Appellant, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 20, 2016.

Ordered that the order is affirmed, with costs.

The requirements of Court of Claims Act § 10 (3) as to when a notice of claim or claim is to be filed are strictly construed. A failure to comply with those requirements is a jurisdictional defect that compels dismissal of the claim (see Welch v State of New York, 286 A.D.2d 496, 497-498 [2001]). Here, the Court of Claims correctly determined that the claim was untimely...

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