New York State Court of Claims

New York State Court of Claims

RENELIQUE v. C.O. FENREAU, C.O. DIBIA, NURSE SULLIVAN, SUPERINTENDENT SABOURIN AND NYSDOCS COMMISSIONER GOORD, #2002-011-556, Claim No. 102812, Motion No. M-64904


Synopsis


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

Case Information

UID:
2002-011-556
Claimant(s):
GARY RENELIQUE
Claimant short name:
RENELIQUE
Footnote (claimant name) :

Defendant(s):
C.O. FENREAU, C.O. DIBIA, NURSE SULLIVAN, SUPERINTENDENT SABOURIN AND NYSDOCS COMMISSIONER GOORD
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102812
Motion number(s):
M-64904
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 July 10, 2000 but that no claim had been received.

The Notice of Intention alleges a cause of action for battery based on an incident which occurred on May 2, 2000. Court of Claims Act §10 (3-b) requires that a claim based upon an intentional tort 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 one year from the date of accrual.

Because a notice of intention was timely served, claimant had until May 2, 2001, one year 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 in Support of Glenn C. King, Esq. dated March 21, 2002 with exhibits annexed