New York State Court of Claims

New York State Court of Claims

RODRIGUEZ v. THE STATE OF NEW YORK, #2001-014-520, , Motion No. M-62823


Synopsis


Renewed application for late claim granted, upon submission of proposed claim which contains all the information required by Court of Claims Act §11(b).

Case Information

UID:
2001-014-520
Claimant(s):
ALFREDO RODRIGUEZ
Claimant short name:
RODRIGUEZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):

Motion number(s):
M-62823
Cross-motion number(s):

Judge:
S. Michael Nadel
Claimant's attorney:
Alfredo Rodriguez, Pro se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: John M. Shields, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
March 27, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on the claimant's application for permission to file a late claim: Motion for Permission to File a Late Claim, proposed Claim; Affirmation in Opposition.


By Order filed October 27, 2000 (Motion No. M-61922, New York State Court of Claims #2000-014-531), the Court denied the claimant's application for permission to file a late claim with leave to renew upon submission of an application which includes a proposed claim which contains the information required by §11(b). In its Order, the Court stated
Upon the claimant's entire submission, the claim appears to be meritorious, in that the claimant has specifically alleged the actions of the State upon which the cause of action is predicated. But the proposed claim included in the claimant's submission does not satisfy the requirements of Court of Claims Act §11(b). It does not adequately describe the location of the incident, nor does it describe in sufficient detail the alleged negligent conduct of the Court Officers. While this information has been provided in the claimant's "Amended Complaint and Reply to Defendant's Opposition," Court of Claims Act §10(6) requires that an application for permission to file a late claim must include a proposed claim which contains all the information set forth in §11(b).
The claimant has now submitted an application which includes a proposed claim which contains all the information set forth in Court of Claims Act §11(b).

Having considered the relevant statutory factors, Bay Terrace Cooperative Section IV, Inc. v New York State Employees' Retirement System Policemen's and Firemen's Retirement System, 55 NY2d 979, 981, it is therefore,

ORDERED, that claimant's application for permission to file a late claim against the State of New York is granted; claimant shall file the proposed claim in accordance with the provisions of Court of Claims Act §§ 11 and 11-a and Rule 206.5 of the Uniform Rules for the Court of Claims, and serve it, in accordance with the provisions of Court of Claims Act §11, either personally or by certified mail return receipt requested, upon the Attorney General, within 45 days of the date of the filing of this Order.


March 27, 2001
New York, New York

HON. S. MICHAEL NADEL
Judge of the Court of Claims