New York State Court of Claims

New York State Court of Claims

CARPENTER v. THE STATE OF NEW YORK, #2001-005-509, , Motion No. M-62816


Synopsis


Claimant's motion to permit filing of a claim which he had failed to file after a successful late claim application is granted.

Case Information

UID:
2001-005-509
Claimant(s):
PASCUAL CARPENTER
Claimant short name:
CARPENTER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):

Motion number(s):
M-62816
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
Claimant's attorney:
Pascual Carpenter, Pro Se
Defendant's attorney:
Eliot Spitzer, Attorney General
Third-party defendant's attorney:

Signature date:
April 12, 2001
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On January 24, 2001, the following papers, numbered 1 to 2, were read on motion by Claimant for an extension of time to file a claim:
  1. Notice of Motion for an Extension of Time
  2. Filed Papers: Order in Motion No. M-59849
Upon the foregoing papers, this motion is granted.

By "Motion for an Extension", Claimant seeks an extension of time to file a late claim which I had permitted in an order filed on November 22, 1999, in Motion No. M-59849. In that order I permitted Claimant to serve and file his claim within 30 days of service of a file-stamped copy of that order. He erroneously failed to serve and file the claim after having allegedly served that order on the Defendant.

Here, the Defendant does not oppose the relief sought and I perceive no prejudice in allowing an extension of time.

Accordingly, Claimant shall serve and file his claim within 30 days of service of a file-stamped copy of this order, in compliance with the Court of Claims Act and Rules, and specifically §§ 10, 11, and 11-a of the Court of Claims Act regarding a filing fee.


April 12, 2001
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims