New York State Court of Claims

New York State Court of Claims

WOODY v. THE STATE OF NEW YORK, #2000-005-532, Claim No. 101996, Motion No. M-61460


Synopsis


Defendant's motion to dismiss claim for failure to exhaust administrative remedies is denied as moot, as Claimant failed to pay the statutory filing fee.

Case Information

UID:
2000-005-532
Claimant(s):
DARRYL WOODY
Claimant short name:
WOODY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101996
Motion number(s):
M-61460
Cross-motion number(s):

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

Signature date:
August 17, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On April 19, 2000, the following papers, numbered 1 to 4, were read on motion by Defendant for dismissal of the claim:

1, 2 Notice of Motion, Affirmation and Exhibits Annexed

3, 4 Filed Papers: Claim; Daily Report of August 8, 2000

Upon the foregoing papers, this motion is denied as moot.

On February 23, 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 November 29, 1999. 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). I note that the statute was not effective until December 7, 1999, that this claim accrued on November 29, 1999, and that it does not apply to claims accruing before its effective date.

However, by Order filed on April 3, 2000, Presiding Judge Susan Phillips Read directed Claimant to pay a $50.00 filing fee by August 3, 2000. Claimant failed to do so, and the Court's file on this claim was closed by the Clerk of the Court on August 8, 2000.

Accordingly, the motion is denied as moot.


August 17, 2000
Rochester, New York

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