New York State Court of Claims

New York State Court of Claims

HALL v. THE STATE OF NEW YORK, #2000-005-571, Claim No. 102728, Motion No. M-62245


Synopsis


Defendant's motion to dismiss claim as untimely is granted.

Case Information

UID:
2000-005-571
Claimant(s):
ROOSEVELT HALL
Claimant short name:
HALL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102728
Motion number(s):
M-62245
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
Claimant's attorney:
Roosevelt HallPro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Glenn C. King, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 1, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On September 13, 2000, the following papers, numbered 1 to 4, were read on motion by Defendant for the dismissal of the claim:

1, 2 Notice of Motion and Affirmation Annexed
  1. Opposing Affidavit
  2. Filed Papers: Claim
Upon the foregoing papers, this motion is granted.

This motion is filed in lieu of an answer seeking dismissal of the claim on the ground that the Court lacks personal and subject matter jurisdiction herein.

The claim was allegedly received by the Defendant on July 12, 2000, alleging an accrual date of March 8, 2000, regarding a purported denial of due process rights and contact visitation at Butler Correctional Facility.

Claimant replies that a facility law clerk who had been assisting him was released on parole, and thus Claimant had no assistance in the filing and service of his claim. However, that does not overcome the untimeliness of the service and filing of the claim.

The Claimant does not dispute the allegations of the Defendant and thus confirms that the claim was served more than 90 days after its accrual, and as such is untimely (Court of Claims Act §§ 10 and 11). The motion is granted and the claim is dismissed as untimely.


November 1, 2000
Rochester, New York

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