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IN RE NEIL BARELLA
Appellate Division of the Supreme Court of New York, Second Department.
Oct 28, 1996
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Ordered that the order is affirmed insofar as appealed from, with costs.
Under the circumstances of this matter, we agree with the Court of Claims that the appellant did not demonstrate a reasonable excuse for her failure to file a timely notice of claim ( see, Weber v County of Suffolk, 208 AD2d 527), nor did she adequately demonstrate the merit of her claim. While the presence or absence of any one of the relevant considerations set forth in Court of Claims Act ยง 10 (6) will not be dispositive of an application for leave to serve a late notice of claim ( see, Holly v State of New York, 191 AD2d 678), we are satisfied that the Court of Claims providently exercised its discretion in denying the instant application.
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