New York Court of Claims April 23, 2009, Claim No. 116134 (Moss v. State)

OPINION OF THE COURT

Christopher J. McCarthy, J.

For the reasons set forth below, claimant’s motion to serve and file a late claim pursuant to Court of Claims Act § 10 (6) is denied and the State’s cross motion to dismiss on the grounds *1129that the claim was not timely served upon the Attorney General in accordance with Court of Claims Act § 10 is granted.