New York State Court of Claims

New York State Court of Claims

JOSEPH v. THE STATE OF NEW YORK, #2005-030-913, Claim No. None, Motion No. M-69420


Synopsis



Case Information

UID:
2005-030-913
Claimant(s):
CARMIE JOSEPH
Claimant short name:
JOSEPH
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-69420
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
Carmie Joseph, pro se
Defendant's attorney:
Eliot Spitzer, Attorney Generalby Ellen Matowik, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
March 31, 2005
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: Application to File a Late Claim, Affirmation in Opposition, Claimant's Response.

Claimant's prior claim (No. 109228) was dismissed on grounds of untimeliness in a decision and order dated August 12, 2004. The court noted therein that claimant could request permission to file a late claim, but cautioned that such an application "would require a much further explanation that what is currently before the court of the facts and circumstances of this matter, specifically how it is that some wrongful act on the part of a court employee resulted in the claimant sustaining damages" (M-68501).

With respect to the current motion, the court agrees with defense counsel that the submitted papers, in addition to failing to include a proposed claim, do not address any of the relevant factors (see Court of Claims Act §10[6]). Additionally, the court is in the same position than it was when the prior motion was decided: i.e., the court has no idea what happened in the underlying civil court action or actions and no idea how claimant was damaged by any conduct of a court employee. The court does note that the Court of Claims does not review the actions of other courts.

Accordingly, the motion is denied.


March 31, 2005
White Plains, New York

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