New York State Court of Claims

New York State Court of Claims

RAMSEY v. THE STATE OF NEW YORK, #2001-011-574, Claim No. 104175, Motion No. M-63619


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:
2001-011-574
Claimant(s):
DAMION RAMSEY a/k/a KEVIN CRICHLOW
Claimant short name:
RAMSEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104175
Motion number(s):
M-63619
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Damion Ramsey a/k/a Kevin Crichlow
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Michael C. Rizzo, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 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(3) a claim based upon an intentional tort, such as is alleged here, 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 February 2, 2001. No notice of intention was served. The claim was received by the Attorney General on May 25, 2001. Inasmuch as the claim was not served within ninety days of accrual, it is untimely. The court, therefore, is without personal jurisdiction and accordingly, the motion is granted and the claim is dismissed.


August 8, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion to Dismiss dated June 11, 2001
  2. Affidavit in Support of Michael C. Rizzo, Esq. sworn to the 11th day of June, 2001