New York State Court of Claims

New York State Court of Claims

GONZALEZ v. THE STATE OF NEW YORK, #2001-011-615, Claim No. NONE, Motion No. M-64112


Synopsis


Claimant's motion to permission to late file pursuant to Court of Claims Act §10(6) is denied.

Case Information

UID:
2001-011-615
Claimant(s):
RAYMOND GONZALEZ, 99 A 1878
Claimant short name:
GONZALEZ
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-64112
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Raymond Gonzalez, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: James E. Shoemaker, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
December 4, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved pursuant to Court of Claims Act §10(6) for permission to late file aclaim. Although claimant attached a copy of the proposed claim to the papers filed with the court, the attorney for defendant has advised the court that a copy of the proposed claim was not among the papers served on defendant. Inasmuch defendant has not been made aware of the facts alleged in support of the claim, it cannot adequately address the factors the court must consider in deciding the motion. Accordingly, the motion is denied without prejudice. If claimant chooses to make the motion again, he must provide a copy of the proposed claim to both the court and defendant.


December 4, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated September 24, 2001
  2. Motion for Permission to File a Late Claim, unsworn, dated September 24, 2001 with attachments
  3. Affirmation in Opposition of James E. Shoemaker, Esq. dated October 15, 2001 with exhibit annexed