New York State Court of Claims

New York State Court of Claims

Barrett v. The State of New York, #2000-011-505, Claim No. 101460, Motion No. M-61048


Synopsis


Defendant has moved to dismiss the claim on the basis that it was not served within ninety

days of accrual as required by Court of Claims Act, Section 10.

Case Information

UID:
2000-011-505
Claimant(s):
Anthony Barrett
Claimant short name:
Barrett
Footnote (claimant name) :

Defendant(s):
The State of New York
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101460
Motion number(s):
M-61048
Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Anthony Barrett, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Michael C. Rizzo, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
March 22, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant has moved to dismiss the claim on the basis that it was not served within ninety

days of accrual as required by Court of Claims Act Section 10.

Under Court of Claims Act §10(3), a claim based upon an unintentional tort such as is alleged here must be served and filed within ninety days of accrual unless a notice of intention is served within that time and then the claim may be served and filed within two years of accrual.

The claim arises from an incident that is alleged to have occurred on July 13, 1999. A notice of intention was received in the office of the Attorney General on November 3, 1999. The claim was received by the Attorney General on November 24, 1999. Neither the notice of intention nor the claim was served within ninety days of accrual and therefore, the claim is untimely. The court, therefore, is without personal jurisdiction and accordingly, the claim is dismissed.


March 22, 2000
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims


Papers Considered:
  1. Notice of Motion dated January 11, 2000.
  2. Affirmation of Michael C. Rizzo, Esq., dated January 10, 2000 with exhibits attached.