Claimant, an inmate appearing pro se, seeks permission to file a late claim
pursuant to Court of Claims Act (hereinafter "CCA") 10 (6). The State of New
York (hereinafter "State") opposes the motion.
The proposed claim relates to an alleged incident that occurred on January 28,
2004 when claimant alleges he was assaulted by various corrections officers
while incarcerated at the Broome County jail in Binghamton, New York.
The substantive factors that the court must consider in determining a properly
framed CCA 10 (6) motion are whether:
1. the delay in filing the claim was excusable;
2. the State had notice of the essential facts constituting the claim;
3. the State had an opportunity to investigate the circumstances underlying
4. the claim appears to be meritorious;
5. the failure to file or serve upon the attorney general a timely claim or
to serve upon the attorney general a notice of intention resulted in
substantial prejudice to the State; and
6. there is any other available remedy.
Whether the proposed claim appears meritorious has been characterized as the
most decisive component in determining a motion under CCA 10 (6), since it would
be futile to permit a meritless claim to proceed. (Matter of Santana v New
York State Thruway Auth., 92 Misc 2d 1). In order to establish a
meritorious claim, claimant must establish his proposed claim is not patently
groundless, frivolous, or legally defective and that there is reasonable cause
to believe that a valid claim exists. (Id. at 11).
This matter is alleged to have occurred at the Broome County jail which is a
county facility, not a state correctional facility. It is well-settled that
prisoners in county jails are under the care and control of the sheriff of the
county in which the jail is located. (Correction Law 500-c). Here, the Broome
County jail would be the responsibility of the Broome County Sheriff who is not
a State employee, but a county employee. (Bardi v Warren County Sheriff's
., 194 AD2d 21). This court does not have jurisdiction to hear a matter
that did not occur on State-owned property nor involve State employees. (CCA
9). As such, the court need not address the remaining statutory
and finds that claimant's motion for
permission to file a late claim involving an incident occurring at the Broome
County jail must be denied.
In view of the foregoing, IT IS ORDERED that claimant's motion for permission
to file a late claim, Motion No. M-69500, is DENIED.