(Download) "Matter Doris Johnsen v. Max L. Nissman Et Al." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Doris Johnsen v. Max L. Nissman Et Al.
- Author : Supreme Court of New York
- Release Date : January 17, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
It is not disputed by any of the parties to this proceeding that petitioner's claim for compensation under article 22 of the
Executive Law was not made until some 3 1/2 years after the occurrence. This is not within the time limitation prescribed
by subdivision 2 of section 625. The legislative history of this chapter makes it clear that the filing provisions of that
section were intended to operate with the same effect as those contained in section 50-e of the General Municipal Law with
respect to the filing of notices of claim against the State and its political subdivisions. Consequently, petitioner's claim
is barred from consideration by the respondent board by subdivision 2 of section 625 and no other provision of law or consideration
of justice can operate to toll its application. Compensation awards under article 22 of the Executive Law are "a matter of
grace" (Executive Law, 620). The law creates no enforceable legal right and no cause of action accrues. Thus, the tolling
provisions of CPLR 208 have no application. Disposition Judgment reversed on the law, without costs, and petition dismissed.
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