New York State Court of Claims

New York State Court of Claims

CALDWELL v. STATE OF NEW YORK, #2006-014-518, Claim No. None, Motion No. M-71740


Synopsis


Application for permission to file a late claim for missing property pursuant to Court of Claims Act section 10(9) is denied.

Case Information

UID:
2006-014-518
Claimant(s):
WALTER CALDWELL
Claimant short name:
CALDWELL
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
None
Motion number(s):
M-71740
Cross-motion number(s):

Judge:
S. MICHAEL NADEL
Claimant’s attorney:
Walter Caldwell, Pro Se
Defendant’s attorney:
No Appearance
1 1.According to the affidavit of Ellen Lyons, a secretary in the Office of the Attorney General, a review of the files in the “Claims Practice Group,” found no record that claimant served a motion on the Attorney General.
Third-party defendant’s attorney:

Signature date:
August 2, 2006
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on claimant’s application for permission to file a late claim: “Motion for Permission to File a Late Claim,” Affidavit in Support and Exhibits; Affidavit of Ellen Lyons, Secretary, Office of the Attorney General.

Claimant, an inmate in the custody of the Department of Correctional Service, seeks permission to file a late claim, in connection with property he alleges was missing or damaged upon his return from the Special Housing Unit at Arthur Kill Correctional Facility on September 30, 2005 (Court of Claims Act § 10 [9]).

The relief sought is not available for inmate property claims (Roberts v State of New York, 11 AD3d 1000).

Accordingly, claimant’s application is denied.


August 2, 2006
New York, New York

HON. S. MICHAEL NADEL
Judge of the Court of Claims