New York State Court of Claims

New York State Court of Claims

WASHINGTON v. THE STATE OF NEW YORK, #2003-031-046, Claim No. NONE, Motion No. M-66496


Synopsis


Claimant's motion for permission to file a late claim is denied as unnecessary.

Case Information

UID:
2003-031-046
Claimant(s):
CHRISTOPHER WASHINGTON
Claimant short name:
WASHINGTON
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-66496
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
CHRISTOPHER WASHINGTON, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: TIMOTHY P. MULVEY, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
July 3, 2003
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 3, were read on motion by Claimant for permission to file a late claim:
1. Claimant's Notice of Motion, filed March 7, 2003;
2. Claimant's Affidavit, sworn to February 25, 2003, with attached exhibits;
3. Affirmation of Timothy P. Mulvey, Esq., dated March 17, 2003, with attached exhibit; This is the motion of Christopher Washington for permission to file a late claim pursuant to § 10(6) of the Court of Claims Act (the "CCA"). Mr. Washington alleges that, on December 14, 2001, he was injured when he slipped and fell on the mess hall floor at Auburn Correctional Facility. Mr. Washington also alleges that he was denied proper medical treatment after his accident.

Defendant correctly points out that the time within which Mr. Washington may file a claim has not yet elapsed.

Pursuant to Court of Claims Act § 10(3), a claim based upon personal injury resulting from the negligence of an agent of the State, such as is alleged here, must be filed within ninety days unless Claimant has served a notice of intention to file a claim. In that event, § 10(3) provides: "the claim shall be filed and served upon the attorney general withing two years after the accrual of such claim" (emphasis added). Mr. Washington, having served a timely notice of intention to file a claim on February 22, 2002, has until December 14, 2003 to file and serve a timely claim. Based upon the foregoing, Claimant's motion is denied as unnecessary.

July 3, 2003
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims