New York State Court of Claims

New York State Court of Claims

CASTILLO v. THE STATE OF NEW YORK, #2002-011-584, Claim No. NONE, Motion No. M-65374


Synopsis


Claimant's motion for permission to late file a claim alleging that items of his personal property were lost be defendant during a transfer from one facility to another is denied.

Case Information

UID:
2002-011-584
Claimant(s):
DANIEL CASTILLO
Claimant short name:
CASTILLO
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-65374
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Daniel Castillo, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Eileen E. Bryant, 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

Claimant has moved for permission to late file a claim alleging that items of his personal

property were lost by defendant during a transfer from one correctional facility to another. Despite an affidavit of service by claimant indicating that he served the motion on the Attorney General, defendant has advised the court that it did not receive a copy of the motion. However, rather than adjourn the motion, the court, for reasons which are apparent below, will address the motion.

Although claimant outlines the facts underlying the claim in his affidavit, he has not provided a proposed claim. Furthermore, he has not alleged in his affidavit that he has exhausted the personal property administrative remedy. Court of Claims Act §10(9) requires an inmate to exhaust that remedy before filing a claim for loss of personal property in this court. In the absence of exhaustion, any claim for loss of personal property is without an appearance of merit. Accordingly, the motion is denied.


September 10, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Permission to File a Late Claim dated April 30, 2002
2. Letter response from Eileen E. Bryant, Esq. dated June 21, 2002