New York State Court of Claims

New York State Court of Claims

SHELL v. THE STATE OF NEW YORK, #2004-009-67, Claim No. NONE, Motion No. M-68955


Synopsis


Claimant's application for late claim relief was denied, since such relief is not available for bailment claims brought by inmates.

Case Information

UID:
2004-009-67
Claimant(s):
HAROLD J. SHELL, JR.
Claimant short name:
SHELL
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-68955
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant's attorney:
HAROLD J. SHELL, JR., Pro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: Joel L. Marmelstein, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant's attorney:

Signature date:
October 21, 2004
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 pursuant to Court of Claims Act § 10(6).

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affidavit in Support, with Attachments 1,2


Affirmation in Response 3

In his supporting affidavit, claimant, an inmate at Marcy Correctional Facility, has asserted two causes of actions, both sounding in bailment. Bailment claims brought by inmates are governed by the procedures set forth in Court of Claims Act § 10(9).

Recently, the Appellate Division, Fourth Department, has determined that late claim relief under Court of Claims Act § 10(6) is not available to bailment claims accruing under § 10(9) (Roberts v State of New York, __ AD3d __, 2004 NY Slip Op 06982 [4th Dept, October 1, 2004]). Accordingly, this Court does not have the authority to consider the within application seeking late claim relief.

Based on the foregoing, it is

ORDERED, that Motion No. M-68955 is hereby DENIED.


October 21, 2004
Syracuse, New York

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