New York State Court of Claims

New York State Court of Claims

RIVERA v. THE STATE OF NEW YORK, #2001-011-528, Claim No. 98556, Motion No. M-62890


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.

Case Information

UID:
2001-011-528
Claimant(s):
ROBERTO RIVERA
Claimant short name:
RIVERA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98556
Motion number(s):
M-62890
Cross-motion number(s):

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

Signature date:
March 8, 2001
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 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 June 30, 1997 when some of Claimant's personal property was lost at Great Meadow Correctional Facility.  The notice of intention was served on March 11, 1998. The claim was received by the Attorney General on July 1, 1998.

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.

March 8, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated December 28, 2000
  2. Affirmation of Eileen E. Bryant, Esq. dated December 28, 2000 with exhibits annexed.