New York State Court of Claims

New York State Court of Claims

TAFARI v. THE STATE OF NEW YORK, #2006-033-171, Claim No. None, Motion No. M-70856


Synopsis



Case Information

UID:
2006-033-171
Claimant(s):
INJAH E. TAFARI
Claimant short name:
TAFARI
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-70856
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Injah E. Tafari, Pro Se
Defendant’s attorney:
Eliot Spitzer, New York State Attorney GeneralBy: Frederick H. McGown, III, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
March 15, 2006
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a motion by Injah E. Tafari (hereinafter "movant") to seek permission, pursuant to Court of Claims Act §10(6), to bring four separate claims against the defendant, the State of New York (hereinafter “State”)[1].

In opposition to the motion, defendant argues that it is unable to address the motion because movant has failed to attach the proposed claims to his moving papers. Movant’s reply is that the Court has the claims and knows what is in them.

The reason for movant’s application for permission to file late claims is that the claims were not served on the defendant. Defendant is unable to address any of the six factors contained in Court of Claims Act §10(6) with no proposed claims. In fact, the only factor that movant addresses is whether or not he has a reasonable excuse.

Court of Claims Act §10(6) requires that the proposed claim be attached to the moving papers. Movant’s papers are fatally defective.

Accordingly, this Court denies movant’s application.


March 15, 2006
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1].The following papers have been read and considered on movant’s motion: Notice of Motion dated October 12, 2005 and filed October 24, 2005; “Affidavit” in Support of Motion of Injah E. Tafari with annexed Exhibits A-C8 verified on October 12, 2005 and filed October 24, 2005; Affirmation in Opposition to Motion to Late File of Frederick H. McGown, III, Esq. dated November 1, 2005 and filed November 2, 2005; Reply Affirmation in Opposition to the Defendant’s Affirmation in Opposition to Motion to Late File of Injah Tafari dated November 4, 2005 and filed November 9, 2005.