New York State Court of Claims

New York State Court of Claims

COOPER v. THE STATE OF NEW YORK, #2001-011-595, Claim No. NONE, Motion No. M-63750


Synopsis


Claimant's motion to late file is granted.

Case Information

UID:
2001-011-595
Claimant(s):
ANTWAN COOPER
Claimant short name:
COOPER
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-63750
Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Antwan Cooper, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Saul Aronson, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 31, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has submitted an application for permission to late file a claim. When consideringa motion for permission to late file a claim the court is required to address six factors enumerated in Court of Claims Act §10(6). The first of those factors is whether there is a reasonable excuse for the delay in filing. According to Claimant, the delay in filing is the result of his being transferred from one correctional facility to another. However, claimant has not provided the dates of transfer or any further information as to how the transfer affected his ability to present the claim.

Other factors to be considered are whether Defendant had notice of the essential facts of the claim and an opportunity to investigate. Claimant maintains that defendant had notice of the facts and the opportunity to investigate based on grievances he filed with the facility. Given the short delay in presenting the claim and the presence of notice it does not appear defendant has suffered substantial prejudice.

Also to be considered is whether the proposed claim has an appearance of merit. A claim is said to have merit when it is not patently groundless, frivolous or legally defective and there is reason to believe that a valid cause of action exists (Matter of Santana v New York StateThruway Auth., 92 Misc 2d 1). On that basis, the allegation that claimant was assaulted by correction officers provides the proposed claim with the necessary appearance of merit.

No adequate alternate remedy is available.

On balance, consideration of the factors in CCA §10(6) weigh in favor of granting the motion. Claimant is to serve and file the proposed claim in the manner required by Court of Claims Act §11 within thirty days of service upon him of a file stamped copy of this order.


October 31, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated June 28, 2001
  2. Affidavit in Support of Antwan Cooper sworn to the 28th day of June, 2001
  3. Affirmation in Opposition of Saul Aronson, Esq. dated August 13, 2001