New York State Court of Claims

New York State Court of Claims

LONG v. THE STATE OF NEW YORK, #2001-011-606, Claim No. 102778, Motion No. M-64102


Synopsis


Defendant's motion to dismiss on the basis that the claim was not timely filed is granted.

Case Information

UID:
2001-011-606
Claimant(s):
ROOSEVELT LONG, 91 A 5459
Claimant short name:
LONG
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102778
Motion number(s):
M-64102
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Roosevelt Long, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Kevan J. Acton, Esq., Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 14, 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 timely filed. Theclaim alleges a cause of action for false imprisonment. 

Under Court of Claims Act §10(3-b) a claim for damages caused by an intentional tort must be served and filed within ninety days of accrual of the claim unless a notice of intention is served within that time and then the claim must be served and filed within one year of accrual. Here, Defendant maintains that a notice of intention was received from claimant on January 31, 2000. The claim was served in July 2000 though the claim is alleged to have accrued on October 29, 1999. Inasmuch as neither the notice of intention nor the claim were served within ninety days of accrual, the claim is untimely and the court is without personal jurisdiction over defendant (Thomas v State of New York, 144 AD2d 882). Accordingly, the motion is granted and the claim is dismissed.


November 14, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion to Dismiss dated September 28, 2001
  2. Amended Notice of Motion to Dismiss dated October 4, 2001
  3. Affirmation in Support of Kevan J. Acton, Esq. dated October 4, 2001 with attachment