New York State Court of Claims

New York State Court of Claims

SNARE v. THE STATE OF NEW YORK, #2000-011-578, Claim No. 100793, Motion Nos. M-62252, M-62301


Synopsis


Defendant's motion 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 is granted. Claimant's motion for assignment of counsel is denied as moot.

Case Information

UID:
2000-011-578
Claimant(s):
EARL L. SNARE, JR.
Claimant short name:
SNARE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100793
Motion number(s):
M-62252, M-62301
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Earl L. Snare, Jr., Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Michele M. Walls, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
September 25, 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. Claimant has moved for the assignment of counsel to represent him in this matter.

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 and served within two years of accrual.

The claim arises from an incident that is alleged to have occurred on February 10, 1998. A notice of intention was received in the office of the Attorney General on July 17, 1998. The claim was received by the Attorney General on July 27, 1999. 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 claim is dismissed. The motion for the assignment of counsel is denied as moot.


September 25, 2000
Saratoga Springs, New York

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


Papers Submitted:

  1. Notice of Motion dated August 24, 2000.
  2. Affirmation of Michele M. Walls, Esq., dated August 24, 2000 with exhibits annexed.
  3. Motion to be Assigned Co-Counsel for Trial sworn to the 31st day of August, 2000.