New York State Court of Claims

New York State Court of Claims

CASTILLO v. THE STATE OF NEW YORK, et al., #2003-016-096, Claim No. 108009, Motion No. M-67524


Synopsis


Case Information

UID:
2003-016-096
Claimant(s):
CLAUDIO CASTILLO
Claimant short name:
CASTILLO
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK, et al.
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108009
Motion number(s):
M-67524
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Claudio Castillo
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Carol A. Cocchiola, Esq., AAG
Third-party defendant's attorney:

Signature date:
December 9, 2003
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is defendant's motion to dismiss the claim of Claudio Castillo on the grounds that the Court lacks jurisdiction because the claim: (1) is so unclear that it does not comply with §11 of the Act; (2) was served by regular mail; and (3) was not verified. Section 11(b) of the Act provides that a "claim shall state the time when and place where such claim arose, the nature of same, and the items of damage or injuries claimed to have been sustained and the total sum claimed." The purpose of §11 "is to give the State prompt notice of an occurrence and an opportunity to investigate the facts . . ." Cannon v State of New York, 163 Misc 2d 623, 626, 622 NYS2d 177, 179 (Ct Cl 1994).

A review of the claim in this case reveals that it is virtually unintelligible; it is impossible to determine what it is that happened or what acts or omissions of the State are alleged. Mr. Castillo's claim thus fails to meet the requirements of §11 of the Act and this Court lacks jurisdiction over such claim.

For the foregoing reasons, having reviewed the parties' submissions[1], IT IS ORDERED that motion no. M-67524 be granted and claim no. 108009 be dismissed. The remaining grounds for defendant's motion need not be reached.



December 9, 2003
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The following were reviewed: defendant's notice of motion with affirmation in support and exhibit A; and claimant's letter dated November 19, 2003 with undesignated attachments.