Dorn's Transportation, Inc. v. State

Full title: DORN'S TRANSPORTATION, INC., Appellant, v. STATE OF NEW YORK, Respondent…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 16, 1980

78 A.D.2d 732 (N.Y. App. Div. 1980)

Opinion

October 16, 1980

Appeal from an order of the Court of Claims, entered September 28, 1979, which granted the State's motion to dismiss claimant's property damage claim for failure to file a notice of claim or claim within 90 days as required by subdivision 3 of section 10 CTC of the Court of Claims Act. In view of our decision in Osborne v State of New York ( 78 A.D.2d 731), the instant appeal is academic and should, therefore, be dismissed. Appeal dismissed, without costs. Mahoney, P.J., Sweeney, Kane, Main and Casey, JJ., concur.