New York State Court of Claims

New York State Court of Claims

MARTIN v. THE STATE OF NEW YORK, #2005-033-102, Claim No. None, Motion No. M-69296


Synopsis



Case Information

UID:
2005-033-102
Claimant(s):
VINCENT MARTIN
Claimant short name:
MARTIN
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK The Court sua sponte amends the caption to read The State of New York as the only Defendant.
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
None
Motion number(s):
M-69296
Cross-motion number(s):

Judge:
James J. Lack
Claimant's attorney:
Vincent Martin, Pro Se
Defendant's attorney:
Eliot Spitzer, New York State Attorney GeneralBy: Kathleen M. Arnold, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
March 18, 2005
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a motion by Vincent Martin (hereinafter "movant") for permission to file a late claim pursuant to Court of Claims Act §10(6)[1], relating to the loss of his property while being transferred between correctional facilities. Movant is an inmate in the correctional system in New York State.

While being transferred between facilities in December 2003, movant alleges that some of his personal property was lost.

Defendant opposes the motion.

The Court's usual analysis of the six factors of Court of Claims Act §10(6) do not pertain to this situation. The time limitations for the loss of an inmate's property is governed by Court of Claims Act §10(9), which states that an inmate may file a claim for lost property only after he has exhausted all administrative remedies. After the administrative remedies are exhausted, movant can then serve and file a claim within 120 days.

Movant has failed to demonstrate that he exhausted his administrative remedies. In addition Court of Claims Act §10(6) relief is not available for this cause of action (Roberts v State of New York, 11 AD3d 1000).

Based upon the foregoing, movant's motion is denied.


March 18, 2005
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: Notice of Motion for Permission to File a Late Claim with annexed Notice of Intention to File a Claim dated October 4, 2004 and filed October 20, 2004; Affirmation in Opposition to Motion to File a Late Claim of Kathleen M. Arnold, Esq. dated November 8, 2004 and filed November 8, 2004.