New York State Court of Claims

New York State Court of Claims

DELEON v. THE STATE OF NEW YORK, #2006-038-501, , Motion No. M-72232


Synopsis



Case Information

UID:
2006-038-501
Claimant(s):
PEDRO DELEON, #95-A-5916
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):

Motion number(s):
M-72232
Cross-motion number(s):

Judge:
W. BROOKS DEBOW
Claimant’s attorney:
Pedro DeLeon, Pro se
Defendant’s attorney:
Eliot Spitzer, Attorney General of the State of New YorkBy: Michael C. Rizzo, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
October 24, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant moves this Court for permission to file a late claim. Claimant’s prior motion for the same relief was denied without prejudice by Hon. Judith A. Hard, upon claimant’s failure to include a copy of the proposed claim (Motion No. M-71268, Decision and Order filed July 10, 2006). Claimant’s instant motion is supported by a proposed claim.

As alleged in the proposed claim, the incident giving rise to the claim occurred on November 20, 2005. In reply to the motion, defendant acknowledges timely receipt of a notice of intention to file a claim, and further acknowledges that claimant may therefore file his claim without leave of court if he does so by November 20, 2007 (see Court of Claims Act § 10 [3]). Accordingly, claimant’s motion is denied as unnecessary. Claimant is referred to the filing requirements set forth in sections 10, 11 and 11-a of the Court of Claims Act.

Any additional relief requested in claimant’s correspondence dated September 20, 2006 and received September 25, 2006 is denied.



October 24, 2006
Albany, New York

HON. W. BROOKS DEBOW
Judge of the Court of Claims


Papers Considered:


(1) Motion, filed August 14, 2006, with exhibits;

(2) Affirmation of Michael C. Rizzo, AAG, dated September 14, 2006;

(3) Correspondence of Pedro DeLeon, dated September 20, 2006;

(4) Notice of Motion, filed February 6, 2006, with supporting and opposing papers;

(5) Decision and Order of Hon. Judith A. Hard, filed July 10, 2006.