New York State Court of Claims

New York State Court of Claims

CALVETT v. THE STATE OF NEW YORK, #2000-011-549, Claim No. 102161, Motion No. M-61628


Synopsis


Defendant's motion to dismiss on the basis that the claim was not served within ninety days of accrual is granted.

Case Information

UID:
2000-011-549
Claimant(s):
JUAN CALVETT, 82 A 4765
Claimant short name:
CALVETT
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102161
Motion number(s):
M-61628
Cross-motion number(s):

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

Signature date:
July 13, 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 §10. Under Court of Claims Act §10(3), a claim based upon an unintentional tort, such as is alleged here, must be filed within ninety days of accrual unless a notice of intention is served within that time and then the claim may be filed within two years of accrual.

The claim arises from an incident that is alleged to have occurred on August 6, 1999. A notice of intention was received in the office of the Attorney General on November 26, 1999. The claim was received by the Attorney General on March 22, 2000. 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 motion is granted and the claim is dismissed.

July 13, 2000
Saratoga Springs, New York

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



Papers Considered:

  1. Notice of Motion dated May 1, 2000.
  2. Affirmation of Eileen E. Bryant, Esq., dated May 1, 2000 with exhibits annexed.
  3. Verified Reply of Juan Calvett sworn to the 9th day of May, 2000.