New York State Court of Claims

New York State Court of Claims

BONAFONT v. THE STATE OF NEW YORK, #2004-030-926, Claim No. None, Motion No. M-68787


Synopsis



Case Information

UID:
2004-030-926
Claimant(s):
VICTOR BONAFONT
Claimant short name:
BONAFONT
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-68787
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
Victor Bonafont, pro se
Defendant's attorney:
Eliot Spitzer, Attorney Generalby Michael C. Rizzo, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 7, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The court read and considered the following papers on claimant's motion for permission

to file a late claim: Notice of Motion, Affidavit and exhibit, Affirmation in Opposition.

Claimant seeks permission to file a claim against the State of New York arising out a September 6, 2002 incident in which he fell and was injured allegedly due to a negligently maintained shower. It appears that this incident occurred at Riker's Island, a facility operated by the City of New York, not the State of New York. Subsequent to submitting his motion papers, claimant wrote a letter to the court, dated July 28, 2004, in which he states that he has been advised that his claim should be made against the City not against the State, notes that this court lacks jurisdiction over the City, and asks that his claim in this court be dismissed without prejudice.

Accordingly, the motion is denied without prejudice to claimant's rights to proceed against the City of New York in a court with appropriate jurisdiction.


September 7, 2004
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims