New York State Court of Claims

New York State Court of Claims

JOHNSON v. THE STATE OF NEW YORK, #2006-010-023, Claim No. NONE, Motion No. M-71906


Synopsis


Claimant’s motion to serve and file a late claim is denied

Case Information

UID:
2006-010-023
Claimant(s):
RONALD JOHNSON
Claimant short name:
JOHNSON
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-71906
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant’s attorney:
RONALD JOHNSONPro Se
Defendant’s attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
August 4, 2006
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on claimant’s motion to serve and file a late claim:
Notice of Motion, Claimant’s Supporting Affidavit, Claim, Exhibits.....................1

Affirmation in Opposition and Exhibits...................................................................2

This pro se inmate fails to include a Proposed Claim with his motion for leave to serve and file a late claim; however this Court will consider his claim to be a Proposed Claim. Claimant alleges that the State lost his property during his transfer from Sing Sing Correctional Facility to Upstate Correctional Facility on or about October 26, 2005. The alleged lost property consists of: 10 towels; 10 shirts; 12 hats; 1 “large bundle of socks ;” 1 “bundle of underwear ;” 2 “bundle [sic] of personal mail;” legal mail; police report; notions (Claim ¶ 6).

Claimant filed an Inmate Property Claim Form with the facility and sought $500.00 for his lost property. He was awarded $47.00. Claimant appealed the finding and on May 8, 2006 the appeal was denied.

An inmate claim for lost property must be brought within 120 days after exhausting the administrative remedies established by the Department of Correctional Services for inmates (Court of Claims Act, §10[9]). If indeed claimant has exhausted his administrative remedies as of May 2, 2006, then he is still within the 120 day permissible time frame to serve and file a claim. Moreover, this Court lacks discretionary authority under Court of Claims Act, §10(6) to grant permission to file a late claim if that claim arises under Court of Claims Act, §10(9) (see Blanche v State of New York, 17 AD3d 1069; Roberts v State of New York, 11 AD3d 1000).

Accordingly, claimant’s motion is DENIED.


August 4, 2006
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims