New York State Court of Claims

New York State Court of Claims

EDWARDS v. STATE OF NEW YORK, #2007-040-019, , Motion No. M-73021


Synopsis


Prisoner – Late claim motion – bailment. Motion denied as late claim motion not available pursuant to CCA § 10(9).

Case Information

UID:
2007-040-019
Claimant(s):
DAMIAN EDWARDS
Claimant short name:
EDWARDS
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):

Motion number(s):
M-73021
Cross-motion number(s):

Judge:
CHRISTOPHER J. McCARTHY
Claimant’s attorney:
Damian Edwards, Pro Se
Defendant’s attorney:
ANDREW M. CUOMO
Attorney General of the State of New YorkBy: Paul F. Cagino, Esq., AAG
Third-party defendant’s attorney:

Signature date:
April 24, 2007
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

For the reasons set forth below, Movant’s application to serve and file a late claim pursuant to Court of Claims Act § 10(6) is denied.


The proposed claim asserts that items of Mr. Edwards’ personal property were lost as a result of the State’s negligence when he was transferred from Upstate Correctional Facility to Clinton Correctional Facility in June 2005. Thus, the proposed claim asserts a bailment cause of action.

The Appellate Division, Fourth Department has determined that late claim relief pursuant to Court of Claims Act § 10(6) is not available to bailment claims accruing under Court of Claims Act § 10(9) (Blanche v State of New York, 17 AD3d 1069; Roberts v State of New York, 11 AD3d 1000). The Court must follow the holding in Roberts under the doctrine of stare decisis, unless and until either the Court of Appeals or the Third Department (the governing appellate division for this claim) orders to the contrary (Mountain View Coach Lines v Storms, 102 AD2d 663, 664). Accordingly, this Court does not have the authority to consider Movant’s application and the motion for leave to late file a claim is denied (Lopez v State of New York, Claim No. None, Motion No. M-69720, dated March 28, 2005, Lebous, J. [UID No. 2005-019-522]; Sturdivant v State of New York, Claim No. None, Motion No. M-69184, dated December 10, 2004, Scuccimarra, J. [UID No. 2004-030-601]).


April 24, 2007
Albany, New York

HON. CHRISTOPHER J. MCCARTHY
Judge of the Court of Claims


The following papers were read and considered on Movant’s request for permission to serve and file a late claim pursuant to Court of Claims Act § 10(6):

Papers Numbered:


Notice of Motion, Affidavit in Support
and Exhibits Attached 1


Letter to Court dated March 27, 2007
from Assistant Attorney General 2


Letter (and Attached Exhibit) to Court
dated April 5, 2007 from Movant 3


Letter to Court dated April 10, 2007

from Legal Assistant in Attorney
General’s Office 4