New York State Court of Claims

New York State Court of Claims

BROWN v. THE STATE OF NEW YORK, # 2003-019-512, Claim No. NONE, Motion No. M-65965


Synopsis


Claimant's motion for permission to file a late claim denied due to failure to submit proposed claim and failure to include any allegations against State.

Case Information

UID:
2003-019-512
Claimant(s):
KEVIN 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-65965
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
KEVIN BROWN, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Joseph F. Romani, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
February 14, 2003
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate appearing pro se, seeks permission to file a late claim pursuant to Court of Claims Act (hereinafter "CCA") 10 (6). The State of New York (hereinafter "State") opposes the motion.


The Court has considered the following papers in connection with this motion:
  1. Notice of Motion No. M-65965, dated October 14, 2002, and filed October 22, 2002.
  2. Affidavit of Kevin Brown, in support of motion, dated and sworn to October 14, 2002, with attached exhibits.
  3. Memorandum of Law in support of motion, dated October 14, 2002.
  4. Affirmation of Joseph F. Romani, AAG, in opposition to motion, dated November 25, 2002, and filed November 26, 2002, with attached exhibit.
This matter appears to have arisen on September 1, 2000, when Claimant alleges he suffered a seizure while incarcerated at Sullivan County jail in Monticello, New York and failed to receive any medical treatment for his seizure or underlying epileptic condition.


By way of this motion, Claimant seeks permission to file a late claim. However, Claimant has failed to submit a proposed claim as mandated by CCA 10 (6). The failure to satisfy this prerequisite is a basis, in and of itself, for denial of the motion. (Davis v State of New York, 28 AD2d 609). Rather, Claimant has submitted his own affidavit, a memorandum of law, and a letter to various individuals that he describes as a "defective notice of intention". On this basis alone, Claimant's motion for permission to file a late claim must be denied.


That having been said, although the Court need not address the six statutory factors due to Claimant's failure to submit a proposed claim, in the interests of judicial economy this Court will address the issue of merit. The State points out that this matter is alleged to have occurred at the Sullivan County jail which is a county facility, not a state correctional facility. It is well-settled that prisoners in county jails are under the care and control of the sheriff of the county in which the jail is located. (Correction Law 500-c). Here, the Sullivan County jail would be the responsibility of the Sullivan County Sheriff who is not a State employee, but a county employee. (Bardi v Warren County Sheriff's Dept., 194 AD2d 21). Nor is there any allegation that any of the medical personnel that allegedly knew of Claimant's medical condition were State employees. Moreover, the State avers that Claimant did not even come into State custody until after this alleged incident. (Affirmation of Joseph F. Romani, AAG, ¶ 7). Based upon these allegations, the Court would not have jurisdiction to hear this matter which occurred at and involved county employees rather than State employees. (CCA 9).


In view of the foregoing, IT IS ORDERED that Claimant's motion for permission to file a late claim, Motion No. M-65965, is DENIED.


February 14, 2003
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims