IN RE: Richard Tinyes (2011)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Richard Tinyes, appellant, v State of New York, respondent.

2010-05296 (Claim No. 69239)

Decided: March 22, 2011

MARK C. DILLON, J.P. JOHN M. LEVENTHAL ARIEL E. BELEN LEONARD B. AUSTIN JEFFREY A. COHEN, JJ.

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.

Submitted-March 9, 2011

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 A.D.2d 729, 730; Holly v. State of New York, 191 A.D.2d 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

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