New York State Court of Claims

New York State Court of Claims

SCUTT v. STATE OF NEW YORK, #2006-018-500, Claim No. NONE, Motion No. M-70730


Synopsis


Permission to file a late claim is denied pursuant to Court of Claims Act § 9.

Case Information

UID:
2006-018-500
Claimant(s):
WILLIAM P. SCUTT
Claimant short name:
SCUTT
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-70730
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
WILLIAM P. SCUTTPro Se
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: Timothy P. Mulvey, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
March 31, 2006
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Movant brings a motion for permission to file a late claim pursuant to Court of Claims

Act § 10(6). Defendant opposes the motion.

In the caption of the moving papers, Movant has named "Justin Ward, Steve Ward and Scott Knolton" as defendants. The proposed claim seeks damages for injuries Movant sustained on October 3, 2003, when Justin Ward, Steve Ward and Scott Knolton jumped him from behind and beat him severely. This occurred on East Main Street in the roadway near the intersection of Virginia Street (also known as the Four Corners) in the Village of Waterloo, Seneca County, New York. The Waterloo Police Department investigated the incident, and Movant alleges that after the investigation a portion of the report was destroyed.

As the Assistant Attorney General assigned to this case notes, Movant has not made a single allegation against the State of New York. There isn't even a scintilla of information in the moving papers which would suggest State involvement.

The Court of Claims is a Court of limited jurisdiction, having the authority to hear only those claims specifically authorized by statute, and only those claims brought against the State of New York (Court of Claims Act § 9). Since the proposed claim makes no allegations that the State did anything wrong or had any involvement with the assault or investigation of this incident, there is no potential merit to the proposed claim as this Court lacks subject matter jurisdiction. The other factors also do not weigh in Movant's favor.

As a result of the foregoing Movant's motion is DENIED.


March 31, 2006
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


The Court has considered the following documents in deciding this motion:


Affidavit of William P. Scutt, sworn to September 7, 2005, entitled
"Motion for Permission to File Late Claim" in support, with

exhibits attached thereto........................................................................1


Affirmation of Timothy P. Mulvey, Assistant Attorney General, in

opposition................................................................................................2