New York State Court of Claims

New York State Court of Claims

MAGLIONE v. THE STATE OF NEW YORK, #2004-033-051, , Motion No. M-67602


Synopsis



Case Information

UID:
2004-033-051
Claimant(s):
CHRISTOPHER J. MAGLIONE
Claimant short name:
MAGLIONE
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):

Motion number(s):
M-67602
Cross-motion number(s):

Judge:
JAMES J. LACK
Claimant's attorney:
Christopher J. Maglione, Pro Se
Defendant's attorney:
Eliot Spitzer, New York State Attorney GeneralBy: Kevan J. Acton, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
March 29, 2004
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a motion of Christopher Maglione (hereinafter "movant")[1] for permission to extend the time to file a late claim pursuant to Court of Claims Act §10(6), relating to movant's failure to receive medical treatment while incarcerated in an upstate correctional facility. On July 28, 2003, a decision and order was filed (M-66474), granting movant the right to file a late claim. According to movant's paperwork, he did not receive a copy of the decision until September 5, 2003 (approximately six days before the time to serve and file the claim would expire). Movant details transfers and extraditions that he was the subject to during the period from May 2003 through August 2003. Movant states that the proposed claim, which was approved by the Court, was lost during these transfers and seeks additional time to serve and file the claim.

In opposition, defendant argues that movant offers no credible reason to extend the time for movant to serve and file the late claim. The Court finds that movant has presented a reasonable excuse for the delay in filing and serving the claim.

Accordingly, movant's motion to extend the time to file and serve a claim is granted. Movant is directed to serve the attorney general and file the claim in the clerk's office within forty-five (45) days of the date of this decision in accordance with §§10, 11 and 11-a of the Court of Claims Act.



March 29, 2004
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1]The following papers have been read and considered on movant's motion to extend time to file a late claim pursuant to Court of Claims Act §10(6): Notice of Motion dated October 8, 2003 and filed November 3, 2003; Affidavit of Christopher J. Maglione, in Support of Motion sworn to October 8, 2003 and filed November 3, 2003; Affirmation of Kevan J. Acton, Esq., in Response to Claimant's Motion dated October 28, 2003 and filed October 30, 2003; Affidavit of Christopher J. Maglione, in Support of Motion with annexed Exhibits A-C unsworn and filed November 26, 2003; Affirmation in Response of Kevan J. Acton, Esq. dated December 9, 2003 and filed December 11, 2003.