Opinion
2016–13157
11-07-2018
Robert WILLIAMS, Appellant, v. CITY UNIVERSITY OF NEW YORK, Respondent.
Robert Williams, Bronx, NY, appellant pro se. Barbara D. Underwood, Attorney General, New York, N.Y. (Andrew W. Amend and Mark H. Shawhan of counsel), for respondent.
Robert Williams, Bronx, NY, appellant pro se.
Barbara D. Underwood, Attorney General, New York, N.Y. (Andrew W. Amend and Mark H. Shawhan of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., WILLIAM F. MASTRO, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
In a claim, inter alia, to recover damages for breach of contract, the claimant appeals from an order of the Court of Claims (Thomas H. Scuccimarra, J.), dated October 4, 2016. The order denied the claimant's motion pursuant to Court of Claims Act § 10(6) for leave to file a late claim against the City University of New York.
ORDERED that the order is affirmed, with costs.
The Court of Claims providently exercised its discretion in denying the claimant's motion to file a late claim. We agree with the court's determination, upon weighing the statutory factors set forth in Court of Claims Act § 10(6), that the claimant failed to establish that his delay was excusable (see Olsen v. State of New York, 45 A.D.3d 824, 824, 845 N.Y.S.2d 758 ; Anderson v. City Univ. of N.Y. at Queens Coll., 8 A.D.3d 413, 414, 778 N.Y.S.2d 304 ; Matter of E.K. v. State of New York, 235 A.D.2d 540, 541, 652 N.Y.S.2d 759 ). Further, the claimant failed to adequately set forth sufficient facts demonstrating that his claim was meritorious (see Olsen v. State of New York, 45 A.D.3d at 824, 845 N.Y.S.2d 758 ; Matter of E.K. v. State of New York, 235 A.D.2d at 541, 652 N.Y.S.2d 759 ).
The claimant's remaining contention, raised for the first time on appeal, is not properly before us.
SCHEINKMAN, P.J., MASTRO, BARROS and CONNOLLY, JJ., concur.