New York State Court of Claims

New York State Court of Claims

JOHNSON v. THE STATE OF NEW YORK, #2004-028-571, Claim No. NONE, Motion No. M-69011


Synopsis


Movant's application for permission to late file is denied. Movant failed to supply proposed claim.


Case Information

UID:
2004-028-571
Claimant(s):
DARRIN JOHNSON
Claimant short name:
JOHNSON
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-69011
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
DARRIN JOHNSON, pro se
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Paul F. CaginoAssistant Attorney General
Third-party defendant's attorney:

Signature date:
November 1, 2004
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers were read on Movant's application pursuant to Court of Claims Act § 10(6):


1) Notice of Motion and Supporting Affidavit of Darrin Johnson (Johnson Affidavit)

filed August 27, 2004;


Opposition: None[1].

Movant's application appears to seek permission to file a late claim sounding in intentional tort and negligence arising from conduct of three State troopers at the Herkimer County Correctional Facility (Johnson Affidavit, ¶¶ 4-6).

The motion must be denied for two reasons. First, there is no date of accrual, or any date for that matter, set forth in the moving papers from which the Court can determine whether the application is timely made (see Court of Claims Act § 10[6]) and as such, Movant can not satisfy the threshold requirement that the application be made before the expiration of the relevant statute of limitations provided by Article 2 of the CPLR. Second, there is no proposed claim appended to the moving papers, and as such there is no proposed pleading for the Court to consider (Harrell v State of New York, Ct Cl, Corbett, J., Claim No. NONE, UID #2003-005-511, April 3, 2003).

Accordingly, Movant's motion is denied without prejudice to make a proper application including service of the moving papers upon the Attorney General.

November 1, 2004
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims




[1] The Court received a letter dated September 10, 2004 from Assistant Attorney General Paul F. Cagino advising that the Defendant had not been served with the motion papers.