New York State Court of Claims

New York State Court of Claims

MCQUEEN v. THE STATE OF NEW YORK, #2000-009-412, Claim No. None, Motion No. M-61393


Synopsis


Claimant's application to file a late claim is denied, based upon the fact that there is a pending claim filed by claimant relating to the same incident, asserting the same cause of action and seeking the same relief.

Case Information

UID:
2000-009-412
Claimant(s):
RODNEY McQUEEN
Claimant short name:
MCQUEEN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
None
Motion number(s):
M-61393
Cross-motion number(s):

Judge:
Nicholas V. Midey, Jr.
Claimant's attorney:
RODNEY McQUEEN, Pro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: Timothy P. Mulvey, Esq.,
Assistant Attorney General of Counsel.
Third-party defendant's attorney:

Signature date:
June 6, 2000
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Claimant has made an application to file a late claim.


The following papers were considered by the Court in connection with this motion:

Notice of Motion, Affidavit of Support, with Exhibits 1,2


Affirmation in Opposition, with Exhibits 3


Filed Papers (Claim No. 100133): Claim, "Supplemental Claim", Answer By this application, claimant seeks an order permitting him to file a late claim arising from personal injuries suffered by him on January 27, 1999. On that date, while he was incarcerated at Cape Vincent Correctional Facility, claimant alleges that he fell and was injured as he was getting off the top bunk of his bunk bed.

Initially, the Court notes that despite repeated requests made by the Clerk's office in processing this motion, claimant has not submitted a proposed claim with his motion papers, as required by § 10(6) of the Court of Claims Act. This motion, therefore, is technically deficient and the relief sought cannot be granted based upon the papers presently before the Court.

More importantly, the Court further notes that claimant has pending a previously filed claim (Claim No. 100133) arising out of the same incident.

As set forth in defendant's answering affirmation (Item No. 3), claimant served a notice of intention to file a claim upon the Attorney General on or about March 3, 1999[1], and served the Attorney General with a "complaint" on August 25, 1999, based upon the January 27, 1999 incident. Claim No. 100133 was filed with the Court on April 9, 1999, and a "supplemental claim" was filed with the Court on January 12, 2000.

Since there already exists a filed claim relating to the same incident and asserting the identical cause of action, as detailed by claimant in his supporting affidavit submitted with this motion, this application is moot.

Accordingly, it is

ORDERED, that Motion No. M-61393 is hereby DENIED.


June 6, 2000
Syracuse, New York

HON. NICHOLAS V. MIDEY, JR.
Judge of the Court of Claims




[1]
The Assistant Attorney General concedes that a notice of intention was received by the Attorney General on or about March 3, 1999, although the Department of Law has been unable to locate said notice of intention.