New York State Court of Claims

New York State Court of Claims

EDDY v. THE STATE OF NEW YORK, #2006-028-581, Claim No. NONE, Motion No. M-71576


Synopsis


Motion for permission to late file a claim against a local correctional facility is denied on the ground that it lacks merit, as the proposed claim falls outside the jurisdiction of the Court of Claims.

Case Information

UID:
2006-028-581
Claimant(s):
NATHANIEL EDDY
Claimant short name:
EDDY
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-71576
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant’s attorney:
NATHANIEL EDDY, pro se
Defendant’s attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Joel L. Marmelstein, Esq. Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
October 2, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on Movant’s motion for permission to file an untimely claim pursuant to Court of Claims Act §10(6):

1. “Motion for Permission to File a Late Claim” with annexed proposed claim


2. Affirmation in Opposition of Joel L. Marmelstein, AAG


Filed papers: None


Movant’s proposed Claim alleges that on September 25, 2005, he was injured while working in the kitchen of the Oneida County Jail and attempting to pour boiling water from a vat into a cannister. He alleges that he had not been provided with appropriate protective footwear for the work area and that he was not given adequate medical treatment after he was burned.

The Oneida County Jail is a local correctional facility (Correction Law §§ 2[16][a]) and is not owned or operated by the State of New York or any statewide entity. Consequently, the proposed Claim does not fall within the jurisdiction of this Court (Williams (A.) v State of New York, 90 AD2d 861 [3d Dept 1982]; Bradford v State of New York, [Ct Cl, Collins, J.], Claim No. 100251, Motion Nos. M-61031, CM-61078, UID #2000-015-007, March 2, 2000). The motion is DENIED.




October 2, 2006
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims