The following papers were read and considered on claimant's motion for an order
restoring the claim: Notice of Motion, dated July 7 and filed July 11, 2000;
Affidavit in Support of Anthony S. Bottar, Esq., dated July 7 and filed July 11,
2000, with annexed Exhibits A-C; letter response of Roger B. Williams, Esq.,
AAG, dated July 17 and received July 19, 2000; the claim, dated December 3 and
filed December 7, 1999.
Claimant Arthur Eyre ("claimant") was granted permission to file a late claim
pursuant to Court of Claims Act § 10 (6) (see
, Eyre v State of
, Ct Cl, unreported decision filed Nov. 16, 1999, Fitzpatrick, J.,
Motion No. M-59831) and subsequently filed this claim against the State of New
York ("the State") on December 7, 1999.
claimant alleges that the negligence and malpractice of personnel employed by
State University of New York Health Science Center in Syracuse, Onondaga County,
caused him to suffer an anticoagulant-induced condition of
resulting in, inter
, amputation of his fingers on both hands, amputation below the knee of
his right leg and partial amputation of his left foot (claim, ¶¶ 6-7).
The file of this case was closed on May 30, 2000 after claimant failed to
submit the statutory filing fee of $50 pursuant to Court of Claims Act §
11-a within 120 days of an order of this Court directing payment. Claimant now
seeks permission to restore the case to the trial calendar.
Claimant's present attorney explains that he received an executed notice of
substitution for this matter on March 27, 2000, along with voluminous files
(Affidavit in Support of Anthony S. Bottar, Esq., dated July 7 and filed July
11, 2000, with annexed Exhibits A-C ["Bottar Aff."], ¶¶ 7-9,14). He
promptly filed a "Consent to Change Attorney" with the Court of Claims
(id., Exh. B); however, the 120-day demand issued by this Court to
claimant's former attorney had been misfiled in the transferred files and was
only discovered by the present attorney after the Court advised him that the
case had been closed for failure to pay the fee (id., ¶¶
10-11). The State takes no position on claimant's application to restore the
claim and candidly notes that the case has been deemed to meet the criteria set
forth in Court of Claims Act § 10 (6) (see, Eyre v State of New
Upon review of claimant's motion papers, and upon due deliberation, claimant's
motion for restoration is granted. Claim No. 101532 is hereby restored to the
trial calendar upon claimant's submission of the proper statutory fee within 30
days of receipt of a file-stamped copy of this order.
Chapter 412 Part D of the Laws of 1999 amended the Court of Claims Act by adding
section 11-a, which requires payment of a fee of fifty dollars to file a claim
in the Court of Claims. This provision took effect on December 7, 1999, the day
this claim was filed.