New York State Court of Claims

New York State Court of Claims

HOOKS v. THE STATE OF NEW YORK, #2009-038-552, , Motion No. M-76709


Synopsis


Motion for late claim relief denied without prejudice; motion unaccompanied by proposed claim.

Case Information

UID:
2009-038-552
Claimant(s):
WILLIAM E. HOOKS
Claimant short name:
HOOKS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):

Motion number(s):
M-76709
Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
WILLIAM E. HOOKS, Pro se
Defendant’s attorney:
ANDREW M. CUOMO, Attorney General of the State of New York
By: Kent Sprotbery, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
June 25, 2009
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Pending before the Court is a motion for permission to file a late claim. Defendant opposes the motion on the ground that it is not accompanied by a copy of the proposed claim as required by Court of Claims Act § 10(6), and that defendant is therefore unable to respond to the motion. The lack of compliance with Court of Claims Act § 10(6) is a jurisdictional defect that requires denial of the motion (see Davis v State of New York, 28 AD2d 609 [3d Dept 1967]; DiBacco v State of New York, 57 Misc 2d 832, 834 [Ct Cl 1968]; Thompson v State of New York, UID # 2008-044-577, Motion No. M-75176, Schaewe, J. [Sept. 9, 2008]). Accordingly, it is

ORDERED, that Motion No. M-76709 is DENIED, without prejudice to claimant filing and serving a new motion requesting permission to file a late claim.


June 25, 2009
Albany, New York

HON. W. BROOKS DEBOW
Judge of the Court of Claims


Papers considered
:


(1) Motion for Permission to File a Late Claim, dated May 12, 2009;

(2) Affirmation of Kent B. Sprotbery, AAG in Opposition to Claimant’s Motion for Permission to File a Late Claim, dated June 9, 2009, with Exhibit A.