New York State Court of Claims

New York State Court of Claims

FAULKNER v. THE STATE OF NEW YORK, #2006-009-063, Claim No. NONE, Motion No. M-72097


Synopsis


Claimant’s motion seeking permission to serve and file a late claim was denied without prejudice, based upon claimant’s failure to include a copy of his proposed claim.

Case Information

UID:
2006-009-063
Claimant(s):
LAMONT S. FAULKNER
Claimant short name:
FAULKNER
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-72097
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
LAMONT S. FAULKNER, Pro Se
Defendant’s attorney:
HON. ELIOT SPITZER
Attorney General
BY: Joel L. Marmelstein, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant’s attorney:

Signature date:
November 20, 2006
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Claimant has brought this motion pursuant to Court of Claims Act § 10(6) seeking an order permitting him to serve and file a late claim.

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affidavit in Support, Proposed Claim 1,2,3


Affirmation in Opposition, with Exhibit 4

In the proposed claim (see Item 3) filed with his motion, claimant alleges that medical personnel at Marcy Correctional Facility failed to provide timely and proper medical care to claimant, and failed to diagnose and properly treat his medical condition.

In his response to this motion, however, the Assistant Attorney General representing the State has affirmed that claimant failed to serve a copy of this proposed claim upon the Attorney General, implicitly stating that the Attorney General is therefore unable to properly respond to this motion.

Court of Claims Act § 10(6) specifically requires that a proposed claim must accompany any application seeking permission to serve and file a late claim. Although claimant did in fact include a proposed claim in the motion papers filed with the Clerk of the Court of Claims, his failure to also include the proposed claim with the motion papers served upon the Attorney General warrants denial of this motion.

Accordingly, it is

ORDERED, that Motion No. M-72097 is hereby DENIED, without prejudice.


November 20, 2006
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims