Opinion
11-08-1954
Phillip H. Stone, Claimant, v. State of New York, Defendant. (Motion No. 2688.)
Nathaniel L. Goldstein, Attorney-General (Quentin E. Grant of counsel), for defendant.
John F. Henry for claimant.
Nathaniel L. Goldstein, Attorney-General (Quentin E. Grant of counsel), for defendant.
MAJOR, J.
This is a motion for permission to file a late claim against the State of New York, under subdivision 5 of section 10 of the Court of Claims Act.
Claimant's sole excuse for his failure to file his claim is that he was "ignorant of our laws and customs relative to the filing of claims against the State; and that he was not aware that he had a claim against the State of New York until he was recently apprised of the fact".
There is nothing to indicate that he was under a disability or that he was physically or mentally incapable of seeking counsel as to his rights.
Claimant does not present a reasonable excuse for his tardiness. (Havill v. State of New York, 284 App. Div. 932, and cases cited therein.)
Claimant's motion is, therefore, denied.