New York State Court of Claims

New York State Court of Claims

LATINE v. THE STATE OF NEW YORK, #2002-011-576, Claim No. NONE, Motion No. M-65278


Synopsis


Claimant's motion for an order to have a notice of intention allegedly served on the State as a claim is denied.

Case Information

UID:
2002-011-576
Claimant(s):
MALIKI SHAKUR LATINE
Claimant short name:
LATINE
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-65278
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Maliki Shakur Latine, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Frederick H. McGown, III, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 26, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has moved for an order to have a notice of intention allegedly served on the State

on May 25, 2000 as a claim.

Court of Claims Act §10(8)(a) provides that the court may grant an application to treat a timely served notice of intention as a claim if certain conditions set forth in the subsection are satisfied. Claimant has not addressed all of those conditions in his affidavit in support of the motion and notably has not provided the court with a copy of the notice of intention. Because the court does not have a copy of the notice of intention, it cannot determine whether, based on the facts alleged therein, the notice was timely served and whether the facts alleged are sufficient to constitute a claim. Accordingly, the motion is denied.


August 26, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Notice of Motion dated May 21, 2002
2. Affidavit in Support of Maliki Shakur Latine sworn to the 21st day of May, 2002 with exhibits annexed
3. Affirmation in Opposition of Frederick H. McGown, III, Esq. dated May 9, 2002