Bay Terrace Co-op. Section IV, Inc. v. New York State Employees' Retirement System Policemen's and Firemen's Retirement System

Decision Date18 February 1982
Citation55 N.Y.2d 979,449 N.Y.S.2d 185,434 N.E.2d 254
Parties, 434 N.E.2d 254 BAY TERRACE COOPERATIVE SECTION IV, INC., Appellant, v. NEW YORK STATE EMPLOYEES' RETIREMENT SYSTEM, POLICEMEN'S AND FIREMEN'S RETIREMENT SYSTEM, Respondent.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT

MEMORANDA.

The order of the Appellate Division should be reversed, with costs, and the case remitted to that court for the exercise of its discretion.

The Appellate Division, 80 A.D.2d 571, 435 N.Y.S.2d 794, erred in determining the application to file a late claim as a matter of law (cf. Cedano v. City of New York, 51 N.Y.2d 896, 434 N.Y.S.2d 990, 415 N.E.2d 978). Contrary to that court's view, the tender of a reasonable excuse for delay in filing a claim is not a precondition to permission to file a late claim such as to constitute a sine qua non for the requested relief. Subdivision 6 of section 10 of the Court of Claims Act permits late filing in the exercise of the court's discretion after considering certain enumerated factors, expressly stated to be "among other factors". Nothing in the statute makes the presence or absence of any one factor determinative.

COOKE, C. J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER, JJ., concur.

Order reversed, with costs, and case remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein.

To continue reading

Request your trial
69 cases
  • Calverley v. State
    • United States
    • New York Supreme Court — Appellate Division
    • October 29, 2020
    ... ... , Deceased, Respondent,v.STATE of New York, Appellant.527219Supreme Court, Appellate ... no single factor is controlling (see Bay Terrace Coop. Section IV v. New York State Employees' irement Sys. Policemen's & Firemen's Retirement Sys., 55 N.Y.2d 979, 981, 449 N.Y.S.2d 185, 434 ... Accuhealth, Inc., 21 N.Y.3d 420, 425, 972 N.Y.S.2d 169, 995 ... vast and varied public land classification system demonstrates the importance of carefully ... ...
  • Goines v. State
    • United States
    • New York Court of Claims
    • January 16, 2023
    ... ... The State of New York, Respondent. Motion No. M-97689 Court of Claims ... section 10(5). Movant has submitted various medical ... McCarthy v Volkswagen of America, Inc. , 55 N.Y.2d ... 543 (1982), which narrowly ... making its determination ( see Bay Terrace Coop. Section ... IV v New York State Employees' Retirement Sys ... Policemen's & Firemen's Retirement ... ...
  • Morris, Matter of
    • United States
    • New York Supreme Court — Appellate Division
    • June 14, 1982
    ... ... a proceeding pursuant to subdivision 5 of section 50-e of the General Municipal Law for leave to ... State of New York, 195 Misc. 380, 90 N.Y.S.2d 165, ... one factor is not determinative (see Bay Terrace Coop Section IV v. New York State Employees ement System Policemen's & Firemen's Retirement System, 55 ... ...
  • Crawford v. City University of New York
    • United States
    • New York Court of Claims
    • May 6, 1986
    ... ... applications, required in part "that the state or its appropriate department had, prior to the ... Therefore, the motion is granted. (Bay Terrace Coop. Section IV v. New York State Employees' tirement System Policemen's & Firemen's Retirement System, 55 ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT