New York State Court of Claims

New York State Court of Claims

RAMOS v. THE STATE OF NEW YORK, #2006-015-085, Claim No. 111636, Motion No. M-71172


Synopsis


In absence of opposition by the Attorney General Court grants claimant's motion to have untimely service of claim made pursuant to late application be deemed timely.

Case Information

UID:
2006-015-085
Claimant(s):
JUAN RAMOS
Claimant short name:
RAMOS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111636
Motion number(s):
M-71172
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Ronemus & Vilensky, LLPBy: Lauren Berrol, Esquire
Defendant’s attorney:
Honorable Eliot Spitzer, Attorney General
By: Glenn C. King, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
April 14, 2006
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

By decision and order dated October 27, 2005 the Court granted a prior motion for late claim relief on the condition that a claim complying with the requirements of Court of Claims Act § 11 (b) be filed and served within 45 days of the filing of the decision and order. Claimant's attorney filed the claim with the Clerk of the Court on November 17, 2005 but failed to timely serve the claim upon the Attorney General until January 9, 2006. Claimant now moves either for late claim relief or for a nunc pro tunc order determining service of the claim upon the Attorney General on January 9, 2006 to have been timely. By letter dated February 17, 2006 Assistant Attorney General Glenn C. King advised the Court that the defendant takes no position with regard to the instant motion.

In the absence of opposition to the motion the Court grants the motion and orders that the service of the claim on January 9, 2006 upon the Attorney General is deemed timely served nunc pro tunc.


April 14, 2006
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated January 10, 2006;
  2. Affirmation of Lauren Berrol dated January 10, 2006 with exhibits;
  3. Letter dated February 17, 2006 from Glenn C. King.