claimant filed claim in New York

2017After a trial, the Court of Claims dismissed the claim on the ground that it lacked subject matter jurisdiction to entertain it. “ ‘[R]egardless of how a claim is characterized, one that *1066 requires, as a threshold matter, the review of an administrative agency’s determination falls outside the subject matter jurisdiction of the Court of Claims’ ” (Polanco v State of New York, 130 AD3d 1494 , 1495 [2015], quoting Green v State of New York, 90 AD3d 1577, 1578 [2011]).

2001In Matter of Emerson v American Broadcasting Co. ( 124 AD2d 377 ), the claimant filed a claim based on a knee injury three years after he had sustained a work-related heel injury for which he had timely filed a claim.

1980To sustain it the claimant has the burden of showing that the criminal proceeding against him was begun in malice, without probable cause of success, and terminated in his favor (Broughton v State of New York, 37 NY2d 451 ).

1975(Hulbert v. Clark, 128 N. Y. 295 ; Graves v. East Hudson Parkway Auth., 43 A D 2d (307.) Therefore, the, claim was a viable one, in the opinion of the court, at the time the claimant filed its claim.

1968After a considerable trial before three Referees, with Justice Sydney F. Foster sitting as a Judge of the Court of Claims ( 50 Misc 2d 957 ), a judgment was entered in favor of the claimant in the amount of $30,842,427 for sums expended for State betterments having no Thruway Authority purpose but charged to the Authority at the request of the State.

1964There is no reason why the statute should not be given a literal interpretation, which accords with the spirit of the act extending the jurisdiction of the Surrogate’s Court.” In Matter of Guy ( 275 App. Div. 143 , 145), the court applied the reasoning of Matter of Schorer (supra,) in its holding: ‘ ‘ When the claimant filed her claim with the executor and the executors served their notice of rejection on the claimant, a proceeding was instituted in the Surrogate’s Court and the controversy was at issue awaiting trial and determination.

1964No further pleadings were necessary to frame the issues.” And citing Surrogate Foley in Matter of McGowan ( 174 Misc. 928, 929 ) wherein he wrote: “ The service of such proof of claim tolled the running of the statute and was the equivalent of the commencement of a special proceeding or action ”.

1956(Frankenberger v. Schneller, 258 N. Y. 270, 273 .) The claimant filed no claim for services until about eighteen months after testator’s death.

1946(Green v. State of New York, 278 N. Y. 15 .) In the Green case (supra) the claimant filed a claim against the State for personal injuries sustained by him while an inmate of a State prison, which injuries were claimed to have been received by him through the negligence of the State.