making claim in New York

2000(People v Liburb, 182 Misc 2d 356 [Crim Ct, Bronx County 1999].) The statute’s use of the words “the local criminal court may” before the words “make inquiry” (CPL 180.50 [1]) appears as though the making of the inquiry is discretionary.

1986Furthermore, the excuses proffered by claimants for their failure to timely make a claim against the State are unpersuasive, as the belief that the making of such a claim could jeopardize their future careers does not constitute a reasonable excuse (see, Kozak v State of New York, 35 AD2d 909 ).

1986Nor is their anticipation of settlement sufficient to excuse the delay in filing (see, Youngstown Pneumatic Concrete Co. v State of New York, 55 AD2d 776 ; Society of N. Y.

1986It is not merely the making of a claim, however, but the making of a rightful claim which causes otherwise abandoned property no longer to be deemed abandoned (see, Abandoned Property Law § 600 [2]; Matter of Menschefrend, 283 App Div 463, 466 , affd 8 NY2d 1093 ).

1986It is not merely the making of a claim, however, but the making of a rightful claim which causes otherwise abandoned property no longer to be deemed abandoned (see, Abandoned Property Law § 600 [2]; Matter of Menschefrend, 283 App Div 463, 466 , affd 8 NY2d 1093 ).

1983(National Bank of Northern N. Y. v Grasso, 79 AD2d 871 ; McLaughlin, Supplementary Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C317:l, 1982-1983 Pocket Part.) Moreover, the fact that the motion has been made pursuant to CPLR 5015 (subd [a]) will not preclude this court from making inquiry under CPLR 317.

1962It was at one time held that section 167 of the Code of Procedure from which section 990 of the Civil Practice Act was later derived, authorizing the making of a claim for use and occupation or mesne profits in an action to recover possession of real property, was only permissive and that the plaintiff, if he wished to do so, could maintain a separate action for such damages (Vandevoort v. Gould, 36 N. Y. 639, 645 ).

1962But after the adoption of the Code of Civil Procedure, it was held that all claims for rents and profits or for use and occupation constituted “ incidental damages ” in the ejectment action (Glason v. Baldwin, 129 N. Y. 183, 189 ).

1958S. 2d 115, affd. 263 App. Div. 989 .) Section 1459 provides that any motion made pursuant to the arbitration article of the Civil Practice Act “ shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise herein expressly provided.” The permissible manner of serving motion papers in an already existing action or proceeding is upon the attorney for the opposing party.

1958If, too, there has been found an imperfect technique used in the making of the test, such as in the chemical test for intoxication, this court has not hesitated to set aside a conviction (cf. People v. Ward, 14 Misc 2d 518 ).

1938Hence, in the line of authorities cited it seems clear that the provision in question is directory only and that the relators substantially complied with the statutory requirements.” ( 249 App. Div. 362, 365 ).

1937In Matter of Cook ( 244 N. Y. 63 ) Judge Crane considered and sustained the validity of an agreement made in the lifetime of the decedent by one of her prospective next of kin to relinquish her right to contest the will.

1927The plaintiff also relies upon the holding in McGovern v. City of New York ( 235 N. Y. 275 ).

1926Consequently, as there is no reason for hmiting the scope of section 1498 of the Civil Practice Act to cities, counties, villages and towns only, that provision undoubtedly comprehends the board of education — a body corporate, distinct from the city of New York as such (Gunnison v. Board of Education, 176 N. Y. 11 ) — within the term “ municipal corporation as therein employed.” As we have already observed, the presentation of the claim prior to suit was not a condition precedent to the bringing of the action against the board, but as regards the right to costs, the making of the claim to the