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THOMAS L. HAVILL, Respondent, v. STATE OF NEW YORK, Appellant. (Motion No. 2591.)

Order reversed on the law, without costs of this appeal to either party, and motion denied, without costs. Memorandum: Claimant's sole excuse for his failure to file his claim timely or notice of intention to file a claim is his "youth and inexperience". There is nothing to indicate he was physically or mentally incapable of seeking counsel as to his rights; in fact, the injuries complained of point to the opposite conclusion. We cannot, therefore, interpret claimant's excuse as anything else than ignorance of the law. This is not a reasonable excuse for the granting of permission under subdivision 5 of section 10 CTC of the Court of Claims Act, to file a late claim. ( Guifre v. State of New York, 192 Misc. 480; Monahan v. State of New York, 189 Misc. 533; Williams v. State of New York, 175 Misc. 972.) All concur. (Appeal from an order granting leave to claimant to file a claim against the State, as the result of an accident in an automobile race at the New York State Fair Grounds.)

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HAVILL v. STATE OF NEW YORK
(Oct 27, 1954)