Claimant Roxanne Edwards moves for permission to file a late claim pursuant to
§10.6 of the Court of Claims Act (the “Act”). In the
underlying claim, it is alleged that Ms. Edwards, a patient at Kingsboro
Psychiatric Center, was assaulted on various occasions by other patients at the
facility in October of 2006. The Center is a facility of the New York State
Office of Mental Health. Claimant has made this motion because she incorrectly
named Kingsboro Psychiatric Center as defendant, rather than the State of New
York. A late claim motion is not necessary as, “the failure to name the
State as defendant has been held to be only a procedural irregularity where the
State has been properly served, the documents provide sufficient notice that the
claim is actually against the State of New York, and there is no prejudice to
the State . . .” Morel v Goord et al
., Ct Cl, May 26, 2004
(unreported, claim no. 108816, motion nos. M-68015 and 68016, UID
Fitzpatrick J.) (citations
omitted). In this case, it is undisputed that the claim was properly served,
and defendant has made no argument that it had insufficient notice that the
claim was actually against the State, or that it has suffered any prejudice.
Accordingly, the naming of Kingsboro Psychiatric Center rather than the State is
not a jurisdictional defect.
In view of the foregoing, having reviewed the
, IT IS ORDERED that motion no.
M-73133 be denied as moot and IT IS FURTHER ORDERED that the caption of claim
no. 113158 shall be amended to name as defendant the State of New York rather
than Kingsboro Psychiatric Center.