New York State Court of Claims

New York State Court of Claims

WALLS v. THE STATE OF NEW YORK,SCHENECTADY COUNTY JAIL, #2004-032-029, , Motion No. M-67932


Synopsis


Case Information

UID:
2004-032-029
Claimant(s):
LEONA WALLS
Claimant short name:
WALLS
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK,SCHENECTADY COUNTY JAIL
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):

Motion number(s):
M-67932
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant's attorney:
Leona Walls, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, NYS Attorney General
By: Kathleen M. Resnick, Assistant Attorney General,Of Counsel
Third-party defendant's attorney:

Signature date:
May 12, 2004
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Movant's proposed claim alleges that in February 2003, prior to her transfer to Bedford Hills Correctional Facility, a prison owned and operated by the defendant State of New York, she was denied adequate and appropriate medical treatment while incarcerated in the Schenectady County Jail. She received the needed treatment once she arrived at Bedford Hills (proposed claim, ¶ 7).
The jurisdiction of the Court of Claims is set by statute and does not include claims arising from the actions of local officials or events occurring at facilities owned and operated by localities (Court of Claims Act §9; 19B Carmody-Wait 2d §120:13 ["Types of Claims Over Which Court of Claims Lacks Juristiction"]). It would be meaningless and futile to permit a defective claim to be filed, even if all other factors in Court of Claims Act § 10 (6) supported the granting of a motion such as this (Prusack v State of New York, 117 AD2d 729 [2d Dept 1986]; Rosenhack v State of New York, 112 Misc 2d 967 [Ct Cl 1982]).
Movant's motion is denied.






May 12, 2004
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims



The following papers were read on movant's motion for permission to file an untimely claim:
1. Notice of Motion., Proposed Notice of Intention, and Proposed Claim of Leona Walls, pro se

2. Affirmation in Opposition of Kathleen M. Resnick, Esq., AAG

Filed papers: None