New York State Court of Claims

New York State Court of Claims

GONZALEZ v. THE STATE OF NEW YORK, #2000-015-066, Claim No. 101767, Motion No. M-61825


Synopsis


Defendant's motion to dismiss claim as untimely rendered moot by claimant's faiure to pay reduced filing fee as ordered.

Case Information

UID:
2000-015-066
Claimant(s):
JOSE GONZALEZ
Claimant short name:
GONZALEZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101767
Motion number(s):
M-61825
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Jose Gonzalez, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: G. Lawrence Dillon, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
August 21, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim by a former inmate appearing pro se to recover the value of a watch, gold chain and cross allegedly lost through the negligence of employees of the Department of Correctional Services (DOCS). Claimant alleges that upon entering DOCS' custody he had in his possession a watch, a yellow metal chain and cross which were taken from him and retained by prison officials. On August 18, 1999, claimant received written notification from the personal property clerk at Oneida Correctional Facility stating that those items were no longer in the Department's custody. A notice of intention was served upon the Attorney General by certified mail, return receipt requested, on December 24, 1999 and received by the Attorney General on December 28, 1999. The claim was served on January 12, 2000 by certified mail, return receipt requested, and received by the Attorney General on January 13, 2000. This dismissal motion is premised upon the claimant's failure to serve either a claim or notice of intention to file a claim within 90 days of accrual as required by Court of Claims Act § 10 (3). By order filed on February 23, 2000, Presiding Judge Susan Phillips Read determined that claimant was possessed of sufficient resources to pay the statutory filing fee of $50.00 and directed claimant to pay the entire fee within 120 days of the date of the order. The 120 day period expired on June 23, 2000. Claimant failed to comply with the order and the Court's file on this claim was closed by the Clerk of the Court on July 25, 2000.

Accordingly, the motion is denied as moot.


August 21, 2000
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated May 31, 2000;
  2. Affirmation of G. Lawrence Dillon dated May 31, 2000, with exhibits;
  3. Daily Report dated July 24, 2000.