New York State Court of Claims

New York State Court of Claims

CARRANZA v. THE STATE OF NEW YORK, #2007-009-002, Claim No. 111547, Motion No. M-72563


Synopsis


Defendant’s motion seeking an order dismissing this bailment claim based upon the failure of claimant to exhaust his administrative remedies was granted.

Case Information

UID:
2007-009-002
Claimant(s):
ANTHONY CARRANZA
1 1.
The Court, sua sponte, has amended the caption to reflect the State of New York as the only proper defendant before this Court.
Claimant short name:
CARRANZA
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The Court, sua sponte, has amended the caption to reflect the State of New York as the only proper defendant before this Court.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111547
Motion number(s):
M-72563
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
ANTHONY CARRANZA, Pro Se
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney General
BY: Thomas M. Trace, Esq.
Senior AttorneyOf Counsel.
Third-party defendant’s attorney:

Signature date:
March 6, 2007
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant has brought this motion seeking an order dismissing this bailment claim based upon an alleged failure of claimant to exhaust his administrative remedies.

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affirmation, with Exhibits (Including Affidavit of Sandra O’Connor as Exhibit “D”) 1,2

As set forth in the motion papers, claimant served both a Notice of Intention to File a Claim (Exhibit “A”) and a Claim (Exhibit “B”) on the Office of the Attorney General on October 24, 2005. Court records establish that this claim was filed with the Clerk of the Court of Claims on the same date.

Inmate bailment claims are governed by Court of Claims Act § 10(9), which requires that an inmate must first exhaust the administrative remedies established by the Department of Correctional Services prior to instituting such a claim. The Department of Correctional Services has established a two-tier system for handling bailment claims, consisting of an initial review and appeal process (see 7 NYCRR § 1700.3). Pursuant to Court of Claims Act § 10(9), in order for a claimant to be deemed to have exhausted his administrative remedies, both of these separate and distinct steps must be completed prior to the service and filing of a claim.

As noted above, defendant has submitted the Affidavit of Sandra O’Connor (Exhibit “D”), a Principal Account Clerk in the Business Office at Marcy Correctional Facility, in support of this motion. Ms. O’Connor affirmatively states that after claimant’s administrative claim was denied, at no time did claimant pursue any administrative appeal of that denial. Since claimant did not submit any response to this motion, he has not disputed this statement, nor has he submitted any documentation whatsoever to suggest that he did in fact pursue and exhaust his administrative remedies.

Accordingly, based on the documentation submitted with this motion, the Court finds that claimant has failed to exhaust his administrative remedies as required by Court of Claims Act § 10(9), and that his claim must therefore be dismissed.

It is, therefore

ORDERED, that Motion No. M-72563 is hereby GRANTED; and it is further

ORDERED, that Claim No. 111547 is hereby DISMISSED.


March 6, 2007
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims