New York State Court of Claims

New York State Court of Claims
ALSAIFULLAH v. THE STATE OF NEW YORK, # 2017-054-032, Claim No. NONE, Motion No. M-91342

Synopsis

Late claim application denied on inmate bailment claims.

Case information

UID: 2017-054-032
Claimant(s): TALIB ALSAIFULLAH
Claimant short name: ALSAIFULLAH
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): NONE
Motion number(s): M-91342
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: TALIB ALSAIFULLAH
Defendant's attorney: HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
By: Paul F. Cagino, Assistant Attorney General
Third-party defendant's attorney:
Signature date: January 8, 2018
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The following papers numbered 1-2 were read and considered by the Court on movant's late claim application:

Notice of Motion, Movant's Supporting Affidavit and Exhibits..............................1

Affirmation in Opposition and Exhibit.....................................................................2

Movant brings this late claim application seeking leave to serve and file a late claim alleging that, during his incarceration at Greene Correctional Facility, his property was destroyed, lost or stolen by packing officers/draft room officers and transportation officers.

Defendant opposes movant's application on the ground that the Court is without jurisdiction to grant a late claim application involving an inmate property claim (see Encarnacion v State of New York, 133 AD3d 1049 [3d Dept 2015]).

The provisions of Court of Claims Act 10 (6) that vest the Court of Claims with discretionary authority to permit the service and filing of a late claim do not apply to inmate property claims (see Roberts v State of New York, 11 AD3d 1000, 1001 [4th Dept 2004]). Here, the subject of movant's late claim application involves an inmate property claim; therefore the Court is without jurisdiction to grant movant's late claim application.

Accordingly, movant's late claim application is DENIED.

January 8, 2018

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims