Matter of Allen v State of New York (2004 NY Slip Op 00841)

Matter of Allen v State of New York

2004 NY Slip Op 00841 [4 AD3d 835]

February 11, 2004

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 21, 2004

In the Matter of Mark A. Allen et al., Respondents-Appellants,
v
State of New York, Appellant-Respondent.

—Appeal and cross appeal from an order of the Court of Claims (Nicholas V. Midey, Jr., J.), entered December 19, 2002. The order granted claimants' application for permission to file a late claim pursuant to Court of Claims Act § 10 (6).

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at the Court of Claims. Present—Pigott, Jr., P.J., Wisner, Hurlbutt, Scudder and Kehoe, JJ. [See 2002 NY Slip Op 50505(U).]