New York State Court of Claims

New York State Court of Claims

STYPULKOWSKI v. THE STATE OF NEW YORK, #2007-009-010, Claim No. NONE, Motion No. M-72972


Synopsis


Claimant’s application for permission to serve and file a late claim for a bailment cause of action was denied.

Case Information

UID:
2007-009-010
Claimant(s):
TOMASZ STYPULKOWSKI
Claimant short name:
STYPULKOWSKI
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-72972
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
TOMASZ STYPULKOWSKI, 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:
April 30, 2007
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Claimant has brought this motion seeking permission to serve and file a late claim pursuant to Court of Claims Act § 10(6).

The following papers were considered by the Court in connection with this motion:
Motion for Permission to File a Late Claim 1


Response to Motion, with Exhibits 2

In a prior Decision and Order[1], this Court dismissed a prior claim of the claimant which had been served upon the Attorney General, but had never been filed with the Clerk of the Court of Claims. The claim was dismissed based upon the failure of the claimant to timely serve his claim, as well as his failure to file his claim with the Clerk of the Court of Claims. In his original claim, claimant had asserted a cause of action sounding in bailment, governed by Court of Claims Act § 10(9). Claimant now seeks permission to serve and file a late claim based upon the same bailment cause of action, pursuant to Court of Claims Act § 10(6).

As noted by this Court in its prior Decision and Order, late claim relief pursuant to § 10(6) is not available in bailment claims which accrue under § 10(9) of the Court of Claims Act (Roberts v State of New York, 11 AD3d 1000).

Accordingly, since this Court does not have the authority to grant the relief sought by claimant in this motion, it is

ORDERED, that Motion No. M-72972 is hereby DENIED.


April 30, 2007
Syracuse, New York

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




[1].See Stypulkowski v State of New York, Ct Cl, December 19, 2006, Midey, J., Claim No. None, Motion Nos. M-72090, CM-72091, (UID #2006-009-078). Unpublished decisions and selected orders of the Court of Claims are available via the Internet at http://www.nyscourtofclaims.state.ny.us/decisions.