New York State Court of Claims

New York State Court of Claims

RENELIQUE v. DOCTOR HOLLOWAY AND NEW YORK STATE DEPT. OF CORRECTIONS, #2002-011-555, Claim No. 102605, Motion No. M-64903


Synopsis


Defendant's motion to dismiss the claim on the basis that it was not served is granted.

Case Information

UID:
2002-011-555
Claimant(s):
GARY RENELIQUE
Claimant short name:
RENELIQUE
Footnote (claimant name) :

Defendant(s):
DOCTOR HOLLOWAY AND NEW YORK STATE DEPT. OF CORRECTIONS
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102605
Motion number(s):
M-64903
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Gary Renelique, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Glenn C. King, 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


Defendant has moved to dismiss the claim on the basis that it was not served.

In support of the motion defendant has provided an affidavit by Carol McKay a senior clerk in the Office of the Attorney General. In her affidavit Ms. McKay avers that she searched the records maintained in the office and found that a notice of intention had been served by certified-mail return receipt requested on January 24, 2000 but that no claim had been received.

The Notice of Intention alleges claimant suffered a personal injury on December 4, 1999 as a result of the negligence of an employee of defendant. Court of Claims Act §10 (3) requires that a claim for personal injury caused by negligence be filed and served within ninety days of accrual unless within that time a notice of intention is served on defendant. If a notice of intention is timely served, the time for serving and filing the claim is extended to two years from the date of accrual.

Because a notice of intention was timely served, claimant had until December 4, 2001, two years after accrual, to serve the claim. That time has passed without the claim having been served. Accordingly, the motion is granted and the claim is dismissed.


June 17, 2002
Saratoga Springs, New York

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



Papers Submitted:

1. Notice of Motion dated March 21, 2002
2. Affirmation of Glenn C. King, Esq. dated March 21, 2002 with exhibits annexed