New York State Court of Claims

New York State Court of Claims

MILLER v. THE STATE OF NEW YORK, #2000-011-512, Claim No. None, Motion No. M-61115


Synopsis


This is a motion for permission to file a late claim.

Case Information

UID:
2000-011-512
Claimant(s):
ROBERT MILLER
Claimant short name:
MILLER
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK, DEPARTMENT OF MOTOR VEHICLES
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
None
Motion number(s):
M-61115
Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Robert Miller, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Michele M. Walls, Esq., of counsel)
Third-party defendant's attorney:

Signature date:
April 4, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:
affd 724 NYS2d 374
See also (multicaptioned case)



Decision


This is a motion for permission to file a late claim to which Defendant has objected on the basis that it was not made within the time constraints of the Court of Claims Act §10(6). Court of Claims Act § 10(6) provides that a claimant who fails to file a claim within the time constraints set forth in section 10 of the act, may be permitted to file the claim at any time before an action asserting a like claim against a citizen of the state would be barred by the applicable statute of limitations. The claim is based on allegations that the Department of Motor Vehicles altered an affidavit submitted by Claimant in lieu of an appearance on three traffic citations. The claim is alleged to have accrued on June 13, 1996. The instant motion, however, was not made until January 10, 2000 when the motion was served.(CPLR 2211). Any possible period of limitation had expired by the time the motion was made (see CPLR Article 2). The court, therefore, is without jurisdiction to provide the relief requested and accordingly, the motion is denied.

April 4, 2000
Saratoga Springs, New York

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


Papers Considered:

  1. Notice of Motion dated 1/10/00.
  2. Affidavit in Support sworn to the 10th day of January, 2000 with attachments.
  3. Affirmation in Opposition of Michele M. Walls, Esq., dated February 7, 2000.
  4. Unsworn Response of Robert Miller dated February 15, 2000.