New York State Court of Claims

New York State Court of Claims

BUSSA v. THE COLLEGE OF STATEN ISLAND, THE CITY UNIVERSITY OF NEW YORK, #2004-030-929, Claim No. 108492, Motion No. M-68601


Synopsis



Case Information

UID:
2004-030-929
Claimant(s):
ANTONIO BUSSA
Claimant short name:
BUSSA
Footnote (claimant name) :

Defendant(s):
THE COLLEGE OF STATEN ISLAND, THE CITY UNIVERSITY OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108492
Motion number(s):
M-68601
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
Antonio Bussa, pro se
Defendant's attorney:
no appearance
Third-party defendant's attorney:

Signature date:
September 28, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has submitted a notice of motion stating that "the case needs to be reopened and fairly heard. It also needs to be properly handled." The only papers accompanying the notice of motion were an affidavit of service and copies of two letters sent by claimant to the clerk of the court .

Claimant's action was dismissed in a decision and order filed May 11, 2004 because the claim was not served on the Attorney General until after the expiration of the statutory 90-day period (Court of Claims Act sections 11[a], 10[3]). Although claimant was advised by the court's staff that the only way to pursue his claim at this point was to seek permission to late file a claim pursuant to section 10(6), claimant does not request such relief on this motion and, in any event, the papers do not address any of the factors that would be relevant on such a motion, nor do the papers address any issue that would be relevant on a motion to reargue or renew.

Accordingly, the motion is denied.



September 28, 2004
White Plains, New York

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