New York State Court of Claims

New York State Court of Claims

DOLBERRY v. THE STATE OF NEW YORK, #2000-011-569, Claim No. 102495, Motion No. M-61924


Synopsis


Defendants motion to dismiss on the basis that the claim was not served within ninety days of accrual as required by CCA§10 is granted.

Case Information

UID:
2000-011-569
Claimant(s):
ANDRE DOLBERRY
Claimant short name:
DOLBERRY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102495
Motion number(s):
M-61924
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Andre Dolberry, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Glenn C. King, Esq., Staff Attorney)
Third-party defendant's attorney:

Signature date:
August 23, 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 ninetydays 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 November 19, 1999. No notice of intention was served. The claim was received by the Attorney General on May 22, 2000. Inasmuch as the claim was not served within ninety days of accrual, it is untimely. The court, therefore, is without personal jurisdiction and accordingly, the motion is granted and the claim is dismissed.

August 23, 2000
Saratoga Springs, New York

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



Papers Considered:

  1. Notice of Motion to Dismiss dated June 23, 2000.
  2. Affirmation of Glenn C. King, Esq., dated June 23, 2000 with exhibits annexed.
  3. Unsworn Affidavit of Claimant dated June 30, 2000.