New York State Court of Claims

New York State Court of Claims

RICHARDS v. THE STATE OF NEW YORK, #2000-005-526, Claim No. 102440, Motion No. M-61851


Synopsis


Defendant's motion to dismiss claim for failure to exhaust administrative remedies is granted.

Case Information

UID:
2000-005-526
Claimant(s):
MARK RICHARDS (94-A-4347)
Claimant short name:
RICHARDS
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102440
Motion number(s):
M-61851
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
Claimant's attorney:
Mark RichardsPro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Carla T. Rutigliano, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 3, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On July 19, 2000, the following papers, numbered 1 to 3, were read on motion by Defendant for dismissal of the claim:

1, 2 Notice of Motion, Affirmation and Exhibits Annexed

3 Filed Papers: Claim

Upon the foregoing papers, this motion is granted.

On May 9, 2000, Claimant served a Notice of Intention and a claim upon the Defendant seeking damages for injury to or the loss of personal property occurring on or about March 12, 2000. Defendant avers that Claimant has not filed a claim at the facility level, and thus has failed to exhaust the personal property claims administrative remedy, as required by Court of Claims Act §10(9), effective December 7, 1999 (L 1999, ch 412, part D, §2).

The Claimant has not opposed this motion and, of course, this dismissal is procedural, not substantive, and does not prejudice Claimant's opportunity to serve and file a claim after compliance with §10(9), to wit, within 120 days after he has exhausted such remedy.

Accordingly, the motion is granted and the claim is dismissed.


August 3, 2000
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims