New York State Court of Claims

New York State Court of Claims
O'NEIL v. THE STATE OF NEW YORK and employee CATHERINE BEBEE, # 2009-038-580, Claim No. 117133, Motion No. M-76961

Synopsis

Motion for late claim relief (Ct of Claims Act 10[6]) denied for the same reasons that prior motion was denied, and on the ground of res judicata.

Case information

UID: 2009-038-580
Claimant(s): AIMEE O'NEIL and MORGAN O'NEIL
Claimant short name: O'NEIL
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK and employee CATHERINE BEBEE
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 117133
Motion number(s): M-76961
Cross-motion number(s):
Judge: W. BROOKS DeBOW
Claimant's attorney: AIMEE O'NEIL, Pro se
Defendant's attorney: ANDREW M. CUOMO, Attorney General of the State of New York
By: Glenn C. King, Assistant Attorney General
Third-party defendant's attorney:
Signature date: December 18, 2009
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

In a rambling and desultory submission that the Court construes as a motion pursuant to Court of Claims Act 10(6) for permission to file and serve a late claim, movants Aimee O'Neil and Morgan O'Neil seek compensatory and punitive damages for injuries allegedly sustained as a result of the conduct of "New York State licensed employee" Catherine Bebee, who, it is alleged, traveled to Florida on or about December 22, 2000 and wrongfully took custody of Morgan O'Neil, the infant daughter of Aimee O'Neil. Defendant opposes the motion.

In October 2006, a motion asserting the same allegations and seeking permission to file a late claim was filed with the Court of Claims (see O'Neil v New York State Dept. of Education and Catherine A. Bebee, UID #2007-038-526, Motion No. M-72415, DeBow, J. [Mar. 30, 2007]). That motion was denied as to Aimee O'Neil on the ground that her claim was time-barred, and denied as unnecessary as to Morgan Baker (now referred to as Morgan O'Neil) on the ground that Morgan was under the disability of infancy (see id.). Nothing in the instant submission suggests that any factual basis for the prior decision has changed so as to require a different result for either Aimee O'Neil or Morgan O'Neil. Accordingly, the instant motion will be denied for the same reasons as set forth in the Court's previous decision, and also upon the grounds of res judicata.

ORDERED, that Motion No. M-76961 is DENIED.

December 18, 2009

Albany, New York

W. BROOKS DeBOW

Judge of the Court of Claims

Papers considered:

(1) Notice of Motion, filed July 16, 2009, with attachments;

(2) Affirmation in Opposition to Claimant's Motion for Summary Judgment and Claimant's

Motion to Late File a Claim of Glenn C. King, dated August 17, 2009, with exhibits A-B.