New York State Court of Claims

New York State Court of Claims

CAMPBELL v. THE STATE OF NEW YORK, #2001-011-589, Claim No. NONE, Motion No. M-63641


Synopsis


Claimant's motion for permission to late file a claim is denied.

Case Information

UID:
2001-011-589
Claimant(s):
LARRY G. CAMPBELL, 79 C 0029
Claimant short name:
CAMPBELL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-63641
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Larry G. Campbell, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Elyse J. Angelico, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 25, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


This is motion for permission to late file a claim. Although the court would normallyundertake an analysis of the six factors enumerated in Court of Claims Act §10(6) to determine whether to permit the late filing of a claim, the motion is not supported by a proposed claim specifically stating the incident and its date of accrual.[1] The court has no basis for granting the motion as presented and accordingly, the motion is denied.


October 25, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated June 13, 2001
  2. Affidavit in Support sworn to the 15th day of May, 2001
  3. Affirmation in Opposition of Elyse J. Angelico, Esq. dated June 22, 2001
  4. Affidavit Reply to Defendant's Affirmation in Opposition to Motion sworn to the 3rd day of July, 2001 with exhibits annexed
  5. Letter received from claimant dated July 2, 2001

[1]Though Claimant attached a copy of a filed claim to his reply affidavit, in a letter to the court he explained that Claim No. 104376 is a separate matter from the issues raised on this motion. The claim appended to the papers submitted on this motion, therefore, is not a proposed claim.