New York State Court of Claims

New York State Court of Claims

DOLBERRY v. THE STATE OF NEW YORK, #2000-011-584, Claim No. NONE, Motion No. M-62317


Synopsis


Claimant's motion to have the notice of intention treated as a claim is denied.

Case Information

UID:
2000-011-584
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):
NONE
Motion number(s):
M-62317
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:
September 26, 2000
City:
Saratoga Spring
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved to have the notice of intention treated as a claim. Under Court of Claims Act §10(8), a claimant who timely serves a notice of intention but who fails to timely file or serve a claim may apply to the court for permission to treat the notice of intention as a claim. The accrual date of the claim as alleged in the notice of intention was November 5,11 or 17, 1999 and under Court of Claims Act §10 the notice of intention had to be served within ninety days thereof in order to be timely. However, the notice was not served until February 28, 2000 which was more than ninety days beyond the latest possible date of accrual. Inasmuch as the notice of intention was not timely served, the court may not entertain an application to treat it as a claim. Accordingly, the motion is denied.

September 26, 2000
Saratoga Spring, New York

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



Papers Submitted:

  1. Notice of Motion for Permission to Treat Notice of Intention as a Claim dated August 3, 2000.
  2. Affidavit in Support sworn to the 3rd day of August, 2000 with exhibits annexed.
  3. Affirmation in Opposition of Glenn C. King, Esq., dated September 13, 2000 with exhibits annexed.