New York State Court of Claims

New York State Court of Claims

GONSA v. THE STATE OF NEW YORK, #2001-011-548, Claim No. 99672, Motion No. M-63199


Synopsis


Defendant's motion to dismiss the claim on the basis that it was not served within ninety days of accrual as required by CCA §10 is granted.

Case Information

UID:
2001-011-548
Claimant(s):
THOMAS M. GONSA, 92 B 2844
Claimant short name:
GONSA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99672
Motion number(s):
M-63199
Cross-motion number(s):

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

Signature date:
May 10, 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 and served within ninety days of accrual unless a notice of intention is served within that time and then the claim may be filed and served within two years of accrual.

The claim arises from an incident that is alleged to have occurred on October 9, 1997 when some of Claimant's personal property was lost at Great Meadow Correctional Facility. The notice of intention was served on January 30,1998. The claim was received by the Attorney General on January 21, 1999. Ninety days from October 9, 1997 was January 7, 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.

May 10, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated March 12, 2001
  2. Affirmation in Support of Eileen E. Bryant, Esq. dated March 12, 2001 with exhibits annexed
  3. Unsworn affidavit of Thomas Gonsa dated March 16, 2001