New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2000-011-528, Claim No. None, Motion No. M-61236


Synopsis


The proposed claim alleges that items order by Claimant from the commissary were never received.

Case Information

UID:
2000-011-528
Claimant(s):
SHAWN GREEN, 97 A 0801
Claimant short name:
GREEN
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-61236
Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Shawn Green, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Eileen E. Bryant, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
May 15, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision



The proposed claim alleges that items ordered by Claimant from the commissary were never received. When considering a motion for permission to late file a claim, the court is required to address six factors enumerated in Court of Claims Act §10(6). Though Claimant has submitted a proposed verified claim, the motion does not address the six factors and the statement submitted by Claimant in support of the motion is not sworn to. In addition, neither the unsworn statement nor the proposed claim contain an allegation that Claimant's account was debited for the items ordered and Claimant has not submitted a list of the items. Based upon the absence of a sworn statement addressing the factors enumerated in the statute and the failure to establish damage as a result of the alleged failure to deliver the items ordered, the motion is denied.

May 15, 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. Unsworn Affirmation in Support dated January 31, 2000.
  3. Affirmation in Opposition of Eileen E. Bryant, Esq., dated February 28, 2000.