New York State Court of Claims

New York State Court of Claims

BROWN v. THE STATE OF NEW YORK, #2003-009-31, Claim No. NONE, Motion No. M-66749


Synopsis


Claimant's application for permission to serve and file a late claim was denied for lack of proper paperwork.

Case Information

UID:
2003-009-31
Claimant(s):
FRED BROWN
Claimant short name:
BROWN
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-66749
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant's attorney:
FRED BROWN, Pro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney GeneralBY: No Appearance
Third-party defendant's attorney:

Signature date:
July 29, 2003
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has brought this motion seeking permission to serve and file a late claim. In support of this motion, claimant has submitted an "Affidavit in Support of Order to Show Cause" which apparently was prepared by claimant in connection with an Article 78 Proceeding that claimant attempted to commence in Supreme Court, Oneida County. Claimant also has submitted several other documents which were prepared and submitted to Supreme Court in connection with that proceeding.

In the "Affidavit in Support of Order to Show Cause", claimant has set forth allegations of medical malpractice and/or negligence, loss of personal property, and harassment by correctional facility officials.

Section 10(6) of the Court of Claims Act, which governs applications for late claim relief, requires that a proposed claim must accompany any late claim application. Additionally, the proposed claim must contain all information as set forth in Court of Claims Act, § 11. After examining the affidavit submitted by claimant, the Court finds that it does not meet the minimum requirements of a claim.

Furthermore, and of equal importance, claimant has not submitted any affidavit of service or other proof to establish that this motion has been duly served upon the Attorney General, as required by § 10(6).

For these reasons, therefore, this application for leave to serve and file a late claim may not be considered on its merits.

Accordingly, it is

ORDERED, that Motion No. M-66749 is hereby DENIED, without prejudice.



July 29, 2003
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims