New York State Court of Claims

New York State Court of Claims

EDWARDS v. KINGSBORO PSYCHIATRIC CENTER, #2007-016-027, Claim No. 113158, Motion No. M-73133


Synopsis



Case Information

UID:
2007-016-027
Claimant(s):
ROXANNE EDWARDS
Claimant short name:
EDWARDS
Footnote (claimant name) :

Defendant(s):
KINGSBORO PSYCHIATRIC CENTER
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113158
Motion number(s):
M-73133
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
O’Connor, McGuinness, Conte, Doyle & OlesonBy: William R. Watson, Esq.
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Ellen Matowik-Russell, Esq., AAG
Third-party defendant’s attorney:

Signature date:
July 5, 2007
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

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 #2004-018-304,[1] 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 submissions[2], 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.


July 5, 2007
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]This and other decisions of the Court of Claims may be found on the court’s website: www.nyscourtofclaims.state.ny.us.
  2. [2]The following were reviewed: claimant’s notice of motion with affidavit in support and undesignated exhibits: and defendant’s affirmation in opposition.