New York State Court of Claims

New York State Court of Claims
LAKES v. THE STATE OF NEW YORK, # 2010-015-113, Claim No. None, Motion No. M-77337


Motion for late claim relief denied, without prejudice, as there was no proof of service.

Case information

UID: 2010-015-113
Claimant(s): KEVIN LAKES
Claimant short name: LAKES
Footnote (claimant name) :
Footnote (defendant name) : The caption is amended sua sponte to reflect the only properly named defendant.
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): None
Motion number(s): M-77337
Cross-motion number(s):
Claimant's attorney: Kevin Lakes, Pro Se
Defendant's attorney: Honorable Andrew M. Cuomo, Attorney General
By: Paul F. Cagino, Esquire
Assistant Attorney General
Third-party defendant's attorney:
Signature date: March 1, 2010
City: Saratoga Springs
Official citation:
Appellate results:
See also (multicaptioned case)


Movant, Kevin Lakes, moves for permission to file a late claim pursuant to Court of Claims Act 10 (6). The respondent opposes the motion on the ground that it was not served with a copy of the motion. In this regard, respondent submitted the affidavit of Janet Barringer in which she avers that she performed a search of the records of the Attorney General's office and found no record that a motion to late file a claim was served. Inasmuch as the affidavit of service attached to the motion indicates that a Notice of Claim was served upon the Attorney General, not a motion to late file a claim, the Court is constrained to deny the motion without prejudice. Movant may re-file and serve a motion to late file a claim and is advised to attach a proposed claim, and not a notice of intention to file a claim.

March 1, 2010

Saratoga Springs, New York


Judge of the Court of Claims

The Court considered the following papers:

1. Notice of motion dated October 9, 2009;

2. Affidavit of Kevin Lakes sworn to October 9, 2009 with exhibit;

3. Affirmation of Paul Cagino dated November 12, 2009;

4. Affidavit of Janet A. Barringer sworn to November 4, 2009.