New York State Court of Claims

New York State Court of Claims

HODGE v. THE STATE OF NEW YORK, #2002-011-554, Claim No. NONE, Motion No. M-64873


Synopsis


Claimant's motion for permission to file a late claim to which defendant has objected on the basis that it was not made within the time constraints of the CCA §10(6) is denied.

Case Information

UID:
2002-011-554
Claimant(s):
LINDEN HODGE, 94 A 8319
Claimant short name:
HODGE
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-64873
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Linden Hodge, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Kathleen M. Resnick, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
June 17, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


This is a motion for permission to file a late claim to which defendant has objected on the

basis that it was not made within the time constraints of the Court of Claims Act §10(6).

Court of Claims Act §10(6) provides that a claimant who fails to file a claim within the time constraints set forth in section 10 of the act, may be permitted to file the claim at any time before an action asserting a like claim against a citizen of the state would be barred by the applicable statute of limitations. The proposed claim is based on allegations that claimant was forcefully removed from his cell for the purpose of making a court appearance which he could rightfully refuse to attend. The proposed claim is based on allegation of intentional acts of employees of defendant and is alleged to have accrued on January 26, 2000. The applicable period of limitation in CPLR Article 2 is one year (CPLR 215). The instant motion, however, was not made until March 13, 2002 when the motion was served (CPLR 2211). As the applicable limitation of time expired before the motion was made, the court is without jurisdiction to provide the relief requested and accordingly, the motion is denied.


June 17, 2002
Saratoga Springs, New York

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


Papers Submitted:
1. Notice of Motion filed on March 18, 2002
2. Affidavit in Support sworn to the 13th day of March, 2002 with attachments
3. Affirmation in Opposition of Kathleen M. Resnick, Esq. dated April 10, 2002 with exhibits annexed
4. Unsworn Reply to Defendant Opposition of Linden Hodge dated April 14, 2002 with exhibits annexed