Late claim motion was denied as moot.
|Claimant short name:||OLIVAR|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||Alan C. Marin|
|Claimant's attorney:||Sobel, Ross, Fliegel & Suss, LLP
By: Sherwin A. Suss, Esq.
|Defendant's attorney:||Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, Esq., AAG
|Third-party defendant's attorney:|
|Signature date:||October 28, 2009|
|See also (multicaptioned case)|
Claimant Jose Olivar moves for permission to file a late claim pursuant to §10.6 of the Court of Claims Act (the "Act"). In his proposed claim, Mr. Olivar alleges that employees of the State failed to delete from the "official computer" certain criminal docket numbers associated with criminal charges against him that were dismissed on July 15, 2002. He further alleges that on May 8, 2008, he "was stopped by Police Officers of the 110th precinct. At [the] time, he was stopped, he was going to be issued a desk appearance ticket when there was a positive hit for outstanding warrants related to the claimant. These warrants were, in fact, from Docket Numbers [associated with the dismissed criminal charges]. As a result, he was arrested and sent to the Queens Criminal Courthouse, Central Booking area." Finally, he alleges that he was held for approximately 12 hours, during which time he was attacked by another prisoner.
This claim accrued on May 8, 2008. See, e.g., Johnson v State of New York, 131 Misc 2d 630 (Ct Cl 1986). Within 90 days thereof, i.e., on July 28, 2008, claimant personally served a notice of intention on the Attorney General's Office. He thus has until May 8, 2010 in order to serve and file a claim. See §10.3 of the Court of Claims Act. This motion, as defendant points out, is unnecessary.
In view of the foregoing, having reviewed the submissions(1) , IT IS ORDERED that motion no. M-77093 be denied as moot.
October 28, 2009
New York, New York
Alan C. Marin
Judge of the Court of Claims
1. The following were reviewed: claimant's notice of motion with affidavit in support and exhibits 1 through 3; and defendant's affirmation in opposition with exhibit A.