New York State Court of Claims

New York State Court of Claims

GARCIA v. THE STATE OF NEW YORK, #2000-011-595, Claim No. 99774, Motion No. M-62479


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 Action §10 is granted.

Case Information

UID:
2000-011-595
Claimant(s):
RAMON GARCIA, 97 R 0266
Claimant short name:
GARCIA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99774
Motion number(s):
M-62479
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Ramon Garcia, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Eileen E. Bryant, Esq., of counsel)
Third-party defendant's attorney:

Signature date:
October 18, 2000
City:
Saratoga Spring
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 a claim based upon an unintentional tort 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 two years of accrual.

The claim arises from an incident that is alleged to have occurred on May 16, 1998 when some of Claimant's personal property was lost during the process of transferring between dorms at Franklin Correctional Facility.  The notice of intention was served on September 21, 1998. The claim was received by the Attorney General on February 8, 1999.

Inasmuch as neither the notice of intention nor the claim were served within ninety days of accrual, the claim is untimely. The court, therefore, is without personal jurisdiction and accordingly, the motion is granted and the claim is dismissed.

October 18, 2000
Saratoga Spring, New York

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



Papers Submitted:

  1. Notice of Motion to Dismiss dated October 3, 2000.
  2. Affirmation in Support of Eileen E. Bryant, Esq., dated October 2, 2000 with exhibits annexed.