Opinion
October 26, 1970
Appeal from an order of the Court of Claims, entered October 29, 1969, which denied a motion to dismiss the claim. Claimant, as administratrix of the goods, chattels and credits of her deceased husband, filed a claim on August 27, 1969 in which she alleged that he died on September 15, 1963 as a result of the negligence of the State, that his remains were discovered in the Barge Canal on July 13, 1968 and that she was appointed as administratrix on July 25, 1969. There is no dispute as to these dates. Section 8 CTC of the Court of Claims Act, in which the State waives its immunity from liability and action, specifically limits the waiver to situations where the claimant complies with the limitations of article 2 of said act. Subdivision 2 of section 10, a part thereof, provides for the time of filing of a claim by an administrator of a decedent, who left him or her surviving a husband, wife or next of kin, for damages for a wrongful act, neglect or default on the part of the State by which the decedent's death was caused, expressly stating that "In any event such claim shall be filed within two years after the death of decedent." This two-year period of limitations in regard to each and every such claim is jurisdictional in nature and begins to run from the date of death, not from the date of appointment of the personal representative or from the time when knowledge of death was acquired ( Davis v. State of New York, 22 A.D.2d 733; Wheeler v. State of New York, 285 App. Div. 100 8; cf. Norrington v. Fishangri-La, Inc., 1 A.D.2d 679). Order reversed, on the law, without costs, and claim dismissed. Herlihy, P.J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur.