New York State Court of Claims

New York State Court of Claims

BENJAMIN v. THE STATE OF NEW YORK, #2006-030-543, Claim No. NONE, Motion No. M-71344


Synopsis



Case Information

UID:
2006-030-543
Claimant(s):
DAVID BENJAMIN
Claimant short name:
BENJAMIN
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-71344
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant’s attorney:
DAVID BENJAMIN, PRO SE
Defendant’s attorney:
HON. ELIOT SPITZER, NEW YORK STATE ATTORNEY GENERALBY: MARY B. KAVANEY, ASSISTANT ATTORNEY GENERAL
Third-party defendant’s attorney:

Signature date:
May 24, 2006
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1 to 6 were read and considered on Claimant’s motion


for permission to serve and file a late claim brought pursuant to Court of Claims Act §10(6):

1,2 Notice of Motion; Affidavit in Support of Motion to Late File a Claim by David Benjamin, Claimant and attachments

  1. Letter to Court dated March 8, 2006 by Mary B. Kavaney, Assistant Attorney General
4-6 Filed Papers: Claim Number 109260, Answer; Benjamin v State of New York, UID# 2004-030-565, Claim No. 109260, Motion No. M-68663 (Scuccimarra, J., August 23, 2004).

Claimant alleges in his proposed claim that Defendant’s agents at Green Haven Correctional Facility forcefully closed his cell gate on his left hand and fingers as he attempted to leave his cell to attend Jewish services on February 7, 2004, causing claimant physical injury. He also alleges that he was thereafter wrongfully confined.

These are exactly the same allegations contained in Claim Number 109260 filed in the Office of the Chief Clerk on April 27, 2004. Indeed, the proposed claim appears to be a photocopy of the already filed claim. Issue was joined with regard to Claim Number 109260 on or about May 24, 2004 when the State served its Answer. Thereafter, Claimant made a motion to strike the Answer that was denied by this Court. [See Benjamin v State of New York, UID# 2004-030-565, Claim No. 109260, Motion No. M-68663 (Scuccimarra, J., August 23, 2004)].

The Clerk’s office has indicated that the already filed claim is still open and untried. Based upon the accrual date alleged in Claim Number 109260 it would appear that the claim was timely, thus it is unclear why Claimant now asks for permission to serve and file what is essentially the same claim. Generally, a party seeks late claim relief because he has failed to serve and file a claim within the time periods afforded under Court of Claims Act §10.

Accordingly, late claim relief relative to these allegations is inappropriate, since Claimant already has an similiar claim pending.

Claimant’s motion for late claim relief [M-71344] is in all respects denied.

May 24, 2006
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims