New York State Court of Claims

New York State Court of Claims

DELEON v. THE STATE OF NEW YORK, #2006-032-056, Claim No. N/A, Motion No. M-71268


Synopsis



Case Information

UID:
2006-032-056
Claimant(s):
PEDRO DELEON
Claimant short name:
DELEON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
N/A
Motion number(s):
M-71268
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant’s attorney:
Pedro DeLeon, Pro Se
Defendant’s attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Paul F. Cagino, Assistant Attorney General, Of Counsel
Third-party defendant’s attorney:

Signature date:
July 5, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant moves this Court for leave to file a late claim. Although claimant submits an incomplete affidavit of service attesting to service of the motion on defendant, defendant submits an affidavit averring that it was not served with the application. In any event, for the reasons stated, the application is denied.

The Court denies claimant's motion for leave to file a late claim in that the motion is procedurally defective due to claimant's failure to attach a proposed claim to his motion, as required by Court of Claims Act § 10 (6) (see Davis v State of New York, 28 AD2d 609, 610 [1967][addressing former section 10 (5)]; see also Walach v State of New York, 91 Misc 2d 167, 169 [1977] affd 69 AD2d 1015 [1979]). Claimant may, of course, resubmit his application upon proper papers.

Accordingly, claimant's motion for leave to file a late claim is denied.



July 5, 2006
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims


Papers Considered:


1. Notice of Motion filed February 6, 2006;

2. Affidavit of Pedro DeLeon sworn to January 31, 2006;

3. Affidavit of Ellen Lyons sworn to February 21, 2006.