Matter of Tinyes v State of New York

Matter of Tinyes v State of New York 2011 NY Slip Op 02403 Decided on March 22, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 22, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
2010-05296

[*1]In the Matter of Richard Tinyes, appellant,

v

State of New York, respondent. (Claim No. 69239)



 
O'Connor, O'Connor, Hintz & Deveney, LLP, Melville, N.Y.
(Kevin J. Murtagh of counsel), for appellant.
Eric T. Schneiderman, Attorney General, New York, N.Y.
(Peter H. Schiff and Robert M.
Goldfarb of counsel), for respondent.

 
DECISION & ORDER

In a proceeding pursuant to Court of Claims Act § 10(6) for leave to file a late claim, the claimant appeals from an order of the Court of Claims (Waldon, J.), dated September 1, 2005, which denied his petition.

ORDERED that the order is affirmed, with costs.

The Court of Claims providently exercised its discretion in denying the claimant's petition for leave to file a late claim. Upon weighing the statutory factors set forth in Court of Claims Act § 10(6) (see Edens v State of New York, 259 AD2d 729, 730; Holly v State of New York, 191 AD2d 678), the Court of Claims properly determined that the claimant failed to come forth with a reasonable excuse for his failure to file a timely claim and failed to demonstrate that his claim was potentially meritorious.
DILLON, J.P., LEVENTHAL, BELEN, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court