New York State Court of Claims

New York State Court of Claims

STANDLEY v. STATE OF NEW YORK, #2008-040-016, Claim No. NONE, Motion No. M-74514


Synopsis


Court of Claims Act § 10(6) motion to late file denied as motion filed and served by certified mail, return receipt requested on ninetieth day.

Case Information

UID:
2008-040-016
Claimant(s):
JOHN STANDLEY
Claimant short name:
STANDLEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-74514
Cross-motion number(s):

Judge:
CHRISTOPHER J. McCARTHY
Claimant’s attorney:
John Standley, Pro Se
Defendant’s attorney:
ANDREW M. CUOMO
Attorney General of the State of New YorkBy: Michael T. Krenrich, Esq., AAG
Third-party defendant’s attorney:

Signature date:
March 31, 2008
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

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

The proposed claim asserts that Movant’s parole officer negligently performed his duties in that he failed to obtain the necessary authorization to transfer Movant from Ulster County to Nassau County before putting Movant on a bus to Nassau County. The proposed claim further asserts that, since Movant did not have the proper authorization, it was agreed he would return to Ulster County; that, during the trip, he had a severe asthma attack because he did not have any asthma medication; that he became disoriented, got off the train at the wrong stop, became lost, was assaulted and lost his personal property. The document further recites that, when he returned to Ulster County, he was not provided with emergency housing and was homeless for three days. it is alleged that the claim accrued on October 27, 2007.

Court of Claims Act § 10(3) provides that a claim to recover damages for injuries caused by the negligence of an officer or employee of the State shall be filed with the Clerk of the Court and served upon the New York State Attorney General’s office within ninety (90) days after accrual of the claim, unless, within such time, a notice of intention to file a claim is served upon the Attorney General. Court of Claims Act § 11(a)(i) provides that the claim and/or the notice of intention must be served by personal service or by certified mail, return receipt requested. Here, State’s counsel asserts that the 90th day after accrual was January 25, 2008 (Krenrich Affirmation, ¶ 3). The Court agrees with this determination. Mr. Krenrich further avers that the motion and attached verified claim were served on the Attorney General by certified mail, return receipt requested on January 25, 2008 and that the motion is unnecessary (Krenrich Affirmation, ¶ 4).

The Court notes that the motion and attached verified claim were also received by the Clerk of the Court on January 25, 2008. Therefore, the proposed claim was timely and properly served and filed in accordance with Court of Claims Act §§ 10(3) and 11(a)(i). Thus, this Motion is denied as premature. Pursuant to Court of Claims Act § 9(9), the Clerk of the Court is directed to take the proposed claim attached to the motion papers, consider it a Claim and deem it filed as of the date the motion papers were filed. The Clerk is also directed to process the poor person application which accompanied Claimant’s motion. Defendant is directed to serve and file its Verified Answer within forty (40) days of the date of filing of this Decision and Order.


March 31, 2008
Albany, New York

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


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

Papers Numbered


Motion, proposed Claim 1


Affirmation in Opposition 2