Opinion
March 16, 1949.
Appeal from Court of Claims.
Present — Foster, P.J., Heffernan, Deyo, Santry and Bergan, JJ.
It is discretionary with the Court of Claims to permit the filing of a claim at any time within two years after the accrual thereof (Court of Claims Act, § 10, subd. 5). Appellant's contention was substantially to the effect that it failed to file a claim within the statutory period because a claim agent had inadvertently failed to forward the file of the investigation conducted under his direction to the attorneys for appellant. This allegation presented no legal excuse and presents no justification for our interference with the discretion confided to the Court of Claims. Order unanimously affirmed, without costs.