1 A.D.2d 934 | N.Y. App. Div. | 1956
— Judgment and order reversed on the law and claim dismissed, without costs of this appeal to either party. The findings of fact have been examined and affirmed. Memorandum: The claimant John Landry failed to file either a claim or notice of intention to file a claim within the time limited by subdivision 3 of section 10 of the Court of Claims Act. He filed application thereafter under subdivision 5 of said section for permission to file late. Permission was granted by the Court of Claims. However, it was necessary for him to show “a reasonable excuse” for his failure to file notice of intention within the appropriate time, in order to be entitled to the order which was