New York State Court of Claims

New York State Court of Claims

GIBB v. THE STATE OF NEW YORK, #2000-011-510, Claim No. 100956, Motion No. M-61143


Synopsis

Defendant has moved to dismiss the claim on the basis that it was not timely filed.

Case Information

UID:
2000-011-510
Claimant(s):
STEVEN GIBB, 95 A 8250
Claimant short name:
GIBB
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100956
Motion number(s):
M-61143
Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Steven Gibb, 95 A 8250, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Eileen E. Bryant, Esq., of counsel)
Third-party defendant's attorney:

Signature date:
April 4, 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 timely filed. Claimant has not opposed the motion. In the absence of opposition, the motion is granted. However, even if Claimant had opposed the motion the application would be granted.

The claim was brought to recover damages for loss of personal property. Under Court of Claims Act §10, such a claim must be filed and served within ninety days of accrual. Although it is unclear from the allegations in the claim as to exactly when the claim accrued, the claim contains an allegation that on June 8, 1999, Claimant received acknowledgment of receipt of an institutional claim. It follows that the claim accrued sometime before that date. However, the claim was not served until September 8, 1999 more than ninety days after the latest possible date of accrual based on the facts alleged in the claim. Consequently, the claim is untimely and is dismissed.


April 4, 2000
Saratoga Springs, New York

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


Papers Considered:
  1. Notice of Motion dated January 31, 2000.
  2. Affirmation of Eileen E. Bryant, Esq., dated January 31, 2000 with exhibits annexed.