New York State Court of Claims

New York State Court of Claims

CASSIDY v. THE STATE OF NEW YORK, #2007-016-058, Claim No. None, Motion No. M-73972


Synopsis


Motion to amend notice of intention was denied. Late claim motion was granted.

Case Information

UID:
2007-016-058
Claimant(s):
MICHAEL CASSIDY
Claimant short name:
CASSIDY
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-73972
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Wingate, Russotti & ShapiroBy: William P. Hepner, Esq.
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Gwendolyn Hatcher, Esq., AAG
Third-party defendant’s attorney:

Signature date:
December 11, 2007
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On October 12, 2006, claimant Michael Cassidy was injured in an automobile accident on the eastbound Jackie Robinson Parkway in Queens, allegedly caused by flooding in the area. Claimant moves for an order permitting him “to amend his Notice of Intention to File a Claim, nunc pro tunc, with respect to the accident location . . .” This Court does not have authority to permit the amendment of a notice of intention to file a claim. See, e.g., Blahut v State of New York, Ct Cl, January 20, 2004 (unreported, motion no. M-67426, UID #2004-031-007[1], Minarik, J.); Williams v State of New York, Ct Cl, October 17, 2006 (unreported, motion no. M-71757, UID #2006-028-590, Sise, J.); Jackson v State of New York, Ct Cl, January 10, 2007 (unreported, motion no. M-72630, UID #2007-029-001, Mignano, J.). Claimant may wish to consider making a motion for permission to file a late claim pursuant to §10.6 of the Court of Claims Act, which requires submission of a proposed claim.

Accordingly, having reviewed the submissions[2], IT IS ORDERED that motion no. M-73972 be denied.


December 11, 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 affirmation in support and exhibits A through E; defendant’s affirmation in opposition; and claimant’s reply affirmation with exhibit A.