New York State Court of Claims

New York State Court of Claims
WATKINS v. THE STATE OF NEW YORK, # 2019-015-216, Claim No. NONE, Motion No. M-94887

Synopsis

Application for late claim relief was denied where movant addressed only one of the factors for consideration and failed to submit a proposed claim.

Case information

UID: 2019-015-216
Claimant(s): PAUL WATKINS
Claimant short name: WATKINS
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-94887
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Paul Watkins, Pro Se
Defendant's attorney: Honorable Letitia James, Attorney General
By: Michael T. Krenrich, Esq., Assistant Attorney General
Third-party defendant's attorney:
Signature date: December 27, 2019
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Movant, proceeding pro se, seeks leave to file a late claim pursuant to Court of Claims Act 10 (6).

Movant, an inmate in the custody of the Department of Corrections and Community Supervision (DOCCS), states in an affidavit submitted in support of his motion that the failure to timely serve and file a claim was due to DOCCS' refusal to provide Notary services while he was confined to his cell on keeplock status- from August 22, 2019 to September 21, 2019. Movant did not submit a proposed claim with his application nor did he indicate the nature of the claim he seeks permission to file.

Court of Claims Act 10 (6) permits this Court, if the applicable statute of limitations set forth in article 2 of the CPLR has not expired, to allow the filing of a late claim upon consideration of the following factors: "whether the delay in filing the claim was excusable; whether the state had notice of the essential facts constituting the claim; whether the state had an opportunity to investigate the circumstances underlying the claim; whether the claim appears to be meritorious; whether the failure to file or serve upon the attorney general a timely claim or to serve upon the attorney general a notice of intention resulted in substantial prejudice to the state; and whether the claimant has any other available remedy." In addition, Court of Claims Act 10 (6) requires that the claim proposed to be filed accompany any such application.

Here, movant addressed only his excuse for failing to timely file and serve a claim and failed to address the remaining factors or even to submit a copy of his proposed claim for consideration.(1)

Accordingly, movant's application must be denied.

Based on the foregoing, movant's application for leave to serve and file a late claim is denied.

December 27, 2019

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

  1. Undated notice of motion filed November 1, 2019;
  2. Affidavit in support sworn to October 22, 2019, with Exhibits 1-4;
  3. Affirmation in Opposition dated November 27, 2019.

1. While respondent's counsel indicates the movant seeks to file a late claim alleging wrongful confinement to keeplock from June 25, 2019 through July 12, 2019, the papers movant submitted to the Court make no such allegation.