New York State Court of Claims

New York State Court of Claims

WILLIAMS v. THE STATE OF NEW YORK, #2007-042-505, Claim No. 113224, Motion No. M-72887


Synopsis


This motion is brought by the claimant seeking permission to amend the “claim” to comply with the provisions of Court of Claims Act Section 11 or alternatively to file a late claim pursuant to Court of Claims Act Section 10 (6). The defendant has formally consented to the requested relief. Claimant’s motion for permission to file a late claim, pursuant to Court of Claims Act Section 10 (6), is granted.

Case Information

UID:
2007-042-505
Claimant(s):
CHARLES WILLIAMS
Claimant short name:
WILLIAMS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113224
Motion number(s):
M-72887
Cross-motion number(s):

Judge:
NORMAN I. SIEGEL
Claimant’s attorney:
KAYE AND LENCHNERBy: COREY B. KAYE, ESQ.
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney General of the State of New York
By: G. LAWRENCE DILLON, ESQ.Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
April 19, 2007
City:
Utica
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This motion is brought by the claimant seeking permission to amend the “claim” to comply with the provisions of Court of Claims Act Section 11 or alternatively to file a late claim pursuant to Court of Claims Act Section 10 (6). The following papers were considered by the court:
  1. Notice of Motion, filed January 18, 2007
  2. Affirmation of Corey B. Kaye, Esq., dated January 17, 2007
  3. Affirmation of Dov Berkowitz, M.D., dated January 17, 2007
    1. Exhibits A - F, annexed to the moving papers
  4. Consent to Motion, submitted by G. Lawrence Dillon, Esq., Assistant Attorney General
____________________________________________


This matter comes before the court on a motion by claimant seeking permission to amend the “claim” to comply with the provisions of Court of Claims Act Section 11 or alternatively to file a late claim, pursuant to Court of Claims Act Section 10 (6). The State has formally consented to that portion of claimant’s motion seeking permission to file a late claim.

Having reviewed the claimant’s submissions and considered them in the light of the statutory factors applicable to a motion for permission to file a late claim, the court is satisfied that the requested relief is appropriate in these circumstances.

In particular, it is worth noting that the application is timely brought, that the State had notice and opportunity to investigate, and that the claim appears to be meritorious, evidenced by its amplification, as contained in claimant’s expert physician’s affirmation.

Permission to file a late claim, pursuant to Court of Claims Act Section 10 (6), is granted. Claimant is directed to serve and file a claim in accordance with the Court of Claims Act Section 11 (a) within sixty (60) days of the filing date of this order.[1]



April 19, 2007
Utica, New York

HON. NORMAN I. SIEGEL
Judge of the Court of Claims




[1].Inasmuch as claimant’s request to file a late claim, on consent of the Attorney General, has been granted, the Court does not reach that portion of the motion seeking to amend the “claim”.