New York State Court of Claims

New York State Court of Claims

RICHARDSON v. THE STATE OF NEW YORK, #2001-011-558, Claim No. 102977, Motion No. M-63230


Synopsis


Defendant's motion to dismiss the claim on the basis that it has not been served is granted.

Case Information

UID:
2001-011-558
Claimant(s):
TIMOTHY S. RICHARDSON
Claimant short name:
RICHARDSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102977
Motion number(s):
M-63230
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Timothy S. Richardson, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Kathleen M. Resnick, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
May 29, 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 has not been served. Under Court of Claims Act §10(3) a claim based upon an unintentional tort such as is alleged here must be filed within ninety days of accrual unless a notice of intention is served within that time and then the claim may be filed within two years of accrual.

The claim, which is alleged to have accrued on August 21, 2000, was filed with the court on August 24, 2000. Claimant, however, failed to serve either a notice of intention or a claim upon defendant and because more than ninety days have passed since the claim accrued, permission of the court would be necessary to file the claim (see, Court of Claims Act §§10[3], 10[6]). In fact, such an application made by claimant with respect to the incident alleged in the filed claim has already been denied by the court (Richardson v State of New York, M-62674, February 26, 2001, McNamara, J.). Inasmuch as the claim was not served within ninety days as required by statute, the motion is granted and the claim is dismissed.

May 29, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated March 9, 2001
  2. Affirmation in Support of Kathleen M. Resnick, Esq. dated March 9, 2001 with exhibits annexed