New York State Court of Claims

New York State Court of Claims

CRAWFORD v. SERGEANT C. LaCROIX, DEPUTY SUPERINTENDENT and D. VANGUILDER, #2002-011-583, Claim No. 106064, Motion No. M-65404


Synopsis


Defendant's motion to dismiss the claim on the grounds that the claim fails to state a cause of action and that the claim was not served and filed within the time constraints of CCA §10 is granted.

Case Information

UID:
2002-011-583
Claimant(s):
THOMAS CRAWFORD
Claimant short name:
CRAWFORD
Footnote (claimant name) :

Defendant(s):
SERGEANT C. LaCROIX, DEPUTY SUPERINTENDENT and D. VANGUILDER
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106064
Motion number(s):
M-65404
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Thomas Crawford, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Belinda A. Wagner, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 10, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant, State of New York, has moved to dismiss the claim on the grounds that the claim

fails to state a cause of action and that the claim was not served and filed within the time constraints of Court of Claims Act §10. The claim is based on an allegation that claimant was defamed in two communications, dated February 1, 2002 and February 12, 2002, written by Sergeant C. LaCroix and addressed to Deputy Superintendent P. Vanguilder.

Court of Claims Act §10(3-b) requires that a claim for injuries caused by an intentional tort be filed and served upon the Attorney General within ninety days after accrual of such claim. When service is accomplished by certified mail-return receipt requested, service is complete upon receipt of the claim in the office of the Attorney General (Court of Claims Act §11). Here, the claim was received on May 15, 2002 and ninety days before that date was February 14, 2002. Therefore, if the claim, or any part of it, accrued before that date it was not timely served.

A claim for defamation accrues when publication occurs not upon claimant's discovery of the statements (Teneriello v Travelers Cos., 226 AD2d 1137). Defendant has established that the communications by Sergeant LaCroix were published no later than February 12, 2002. Therefore, the claim was served more than ninety days after accrual and is untimely. Accordingly, the claim is dismissed.

September 10, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Notice of Motion to Dismiss dated June 19, 2002
2. Affirmation in Support of Belinda A. Wagner, Esq. dated June 19, 2002 with exhibit annexed
3. Claimant's Opposition and Objection unsworn and dated June 20, 2002
4. Reply Affirmation of Belinda A. Wagner, Esq. dated July 8, 2002 with exhibit annexed