Opinion
November 17, 1967
Appeal from an order of the Court of Claims granting respondent's motion to consider a notice of intention to file a claim as the claim itself. The Court of Claims held that since the notice of intention met the requirements of a claim under section 11 CTC of the Court of Claims Act, the motion should be granted citing Chalmers Son v. State of New York ( 271 App. Div. 699, affd. 297 N.Y. 690). Since we are unable to find advanced any substantial reason to distinguish the instant case from the Chalmers case, by which holding we are bound, the determination of the trial court cannot be disturbed. Order affirmed, with costs. GIBSON, P.J., HERLIHY, REYNOLDS, STALEY, Jr., and GABRIELLI, JJ., concur in memorandum by REYNOLDS, J.