New York State Court of Claims

New York State Court of Claims

GRAHAM v. THE STATE OF NEW YORK, #2000-011-570, Claim No. 102442, Motion No. M-61843


Synopsis


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

Case Information

UID:
2000-011-570
Claimant(s):
KAREEM GRAHAM, 96 A 7466
Claimant short name:
GRAHAM
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES, STATE OF NEW YORK, UPSTATE CORRECTIONAL FACILITY, CORRECTION OFFICER, C. E. TATKO and SUPERINTENDENT, THOMAS RICKS
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102442
Motion number(s):
M-61843
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Kareem Graham, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Kathleen M. Resnick, Esq., Assistant Attorney General)
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 ninety days of accrual as required by Court of Claims Act §10.

Under Court of Claims Act §10(3) a claim based upon an intentional tort, such as is alleged here, must be filed within ninety days of accrual unless a notice of intention is filed within that time and then the claim may be filed within one year of accrual.

The claim arises from an incident that is alleged to have occurred on January 21, 2000. No notice of intention was served on the office of the Attorney General. The claim was served on May 2, 2000. Neither a 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 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 8, 2000.
  2. Affirmation in Support of Kathleen M. Resnick, Esq., dated June 8, 2000 with exhibits annexed.