New York State Court of Claims

New York State Court of Claims

MATAGRANO v. THE STATE OF NEW YORK, #2001-015-126, Claim No. 103128, Motion No. M-62643


Portion of claimant's claim seeking damages for loss of personal property dismissed for failure to file claim pursuant to time limitations set by Court in order deciding late claim motion. Claim remains viable as to other causes of action non effected by the late claim decision and order.

Case Information

Claimant short name:
Footnote (claimant name) :

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
Motion number(s):
Cross-motion number(s):

Claimant's attorney:
Matthew John Matagrano, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: G. Lawrence Dillon, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
February 22, 2001
Saratoga Springs

Official citation:

Appellate results:

See also (multicaptioned case)


The defendant's pre-answer motion to dismiss that portion of the instant claim filed and served on September 25, 2000 which relates to a claim for the negligent loss of claimant's personal property on December 31, 1999 at Mid-State Correctional Facility, Marcy, New York is granted. This Court, by decision and order dated July 13, 2000 and filed with the Clerk of the Court on July 19, 2000, denied a motion (M-61531) by the claimant for late claim relief pursuant to Court of Claims Act § 10 (6) with regard to all causes of action set forth in the proposed claim submitted on that motion except for a cause of action contained therein which alleged the negligent loss of claimant's personal property consisting of seven cassettes, four packages of cigarettes and some candy having an alleged total value of $100.00. The Court granted late claim relief as to that cause of action upon the condition that claimant file and serve a claim asserting the cause of action within 60 days of the filing of the Court's decision and order. Conditional relief was provided, in part, because the 120 day period for filing an inmate personal property claim as measured from the exhaustion of claimant's administrative remedy (see, Court of Claims Act § 10 [9]) expired during the pendency of claimant's motion for late claim relief. Since the decision and order granting the conditional relief was filed on July 19, 2000, claimant was required to serve and file the claim related to the December 31, 1999 personal property loss on or before September 17, 2000. His failure to file the claim until September 25, 2000 or to seek an extension of time within which to file merits its dismissal, but only as to that specific cause of action.

Claimant, in fact, concedes that the dismissal of the subject cause of action is proper in paragraph 7 of his "supporting affidavit" submitted on the instant motion.

Defendant's motion to dismiss that portion of the claim related to the loss of personal property occurring on December 31, 1999 is hereby granted and as to the remaining portions of the claim such prayer for relief is denied.

February 22, 2001
Saratoga Springs, New York

Judge of the Court of Claims

  1. Pre-answer motion to dismiss claim dated October 31, 2000;
  2. Affirmation of G. Lawrence Dillon dated October 31, 2000, with exhibits;
  3. Claimant's opposition to defendant's pre-answer motion to dismiss claim dated November 30, 2000;
  4. Affidavit of Matthew John Matagrano sworn to November 30, 2000.