New York State Court of Claims

New York State Court of Claims

ENCARNACION v. WARDEN, DEPUTY WARDEN, SUPERINTENDENT AND POSTAL CLERK OF BRONX HOUSE OF DETENTION FOR MEN AS INDIVIDUALS AND "UNDER COLOR" FOR THE DEPARTMENT OF CORRECTIONAL SERVICES, #2001-016-203, Claim No. None, Motion No. M-63310


Synopsis


Pro se late claim motion was denied - claim accrued at Bronx House of Detention for Men.

Case Information

UID:
2001-016-203
Claimant(s):
RICARDO ENCARNACION
Claimant short name:
ENCARNACION
Footnote (claimant name) :

Defendant(s):
WARDEN, DEPUTY WARDEN, SUPERINTENDENT AND POSTAL CLERK OF BRONX HOUSE OF DETENTION FOR MEN AS INDIVIDUALS AND "UNDER COLOR" FOR THE DEPARTMENT OF CORRECTIONAL SERVICES
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
None
Motion number(s):
M-63310
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Ricardo Encarnacion, Pro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Susan J. Pogoda, AAG
Third-party defendant's attorney:

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

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is the motion of Ricardo Encarnacion for permission to file a late claim pursuant to §10.6 of the Court of Claims Act (the "Act"). Encarnacion also seeks permission to proceed as a poor person. Ordinarily, in determining whether to grant such a motion, the six factors enumerated in the Act would be considered: whether (1) defendant had notice of the essential facts constituting the claim; (2) defendant had an opportunity to investigate the circumstances underlying the claim; (3) the defendant was substantially prejudiced; (4) the claimant has any other available remedy; (5) the delay was excusable and (6) the claim appears to be meritorious.

In this case, however, a more fundamental issue must first be addressed – whether this Court has jurisdiction over the proposed claim. Encarnacion's claim arises from the alleged loss of his property while he was incarcerated at the Bronx House of Detention for Men, a City of New York correctional facility. See The Green Book, The Official Directory of the City of New York, 2001-2002, pp. 107-110.

The Court of Claims Act only grants this court jurisdiction over specified suits against the State of New York. A small number of other public entities are subject to the jurisdiction of the Court of Claims via explicit statutory authority, for example, the New York State Thruway Authority by Public Authorities Law §361-b. However, there is no statutory authority subjecting the City of New York to the jurisdiction of this Court.

Accordingly, having reviewed the parties' submissions,[1] IT IS ORDERED that motion no. M-63310 be denied.


November 27, 2001
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The following were reviewed: claimant's "Motion for Permission to File a Late Claim Pursuant to Article 1, §5 of New York Const.," Motion to Proceed as a Poor Person," and "Notice of Intent to File a Claim Pursuant to Article 1, §5 of New York Constitution & 42 U.S.C. 1983"; defendant's affirmation in opposition with exhibits A and B; and claimant's letter of October 5, 2001 with undesignated exhibits.