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Betts v. State

New York State Court of Claims
Jan 20, 2015
# 2015-049-005 (N.Y. Ct. Cl. Jan. 20, 2015)

Opinion

# 2015-049-005 Claim No. None Motion No. M-85685

01-20-2015

KENNETH BETTS v. THE STATE OF NEW YORK

Kenneth Betts, Pro Se Eric T. Schneiderman, New York State Attorney General By: Joseph L. Paterno, Assistant Attorney General


Synopsis

: Late claim application denied. The application was untimely, and in any event the proposed claim alleging assault and battery by members of the New York City Police Department lacked the appearance of merit.

Case information


UID:

2015-049-005

Claimant(s):

KENNETH BETTS

Claimant short name:

BETTS

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-85685

Cross-motion number(s):

Judge:

DAVID A. WEINSTEIN

Claimant's attorney:

Kenneth Betts, Pro Se

Defendant's attorney:

Eric T. Schneiderman, New York State Attorney General By: Joseph L. Paterno, Assistant Attorney General

Third-party defendant's attorney:

Signature date:

January 20, 2015

City:

Albany

Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

By motion filed on August 22, 2014, pro se claimant Kenneth Betts moves this Court for permission to serve and file a late claim pursuant to Court of Claims Act § 10(6), and to proceed in forma pauperis. In various submissions accompanying the motion, he claims that on December 7, 2012, he was assaulted by several New York City police officers, causing him injuries.

Named defendant State of New York has submitted the affirmation in opposition by an assistant attorney general. It argues that the Court of Claims lacks jurisdiction to grant the motion, since the allegations concern employees of the City of New York.

A motion to file a late claim must be submitted within the relevant statute of limitations provided for in the CPLR. The claim alleges battery, an intentional tort subject to a one-year limitations period (see Zgraggen v Wilsey, 200AD 2d 818 [3d Dept 1994]; CPLR 215). Since this motion was submitted more than a year after the officers are alleged to have attacked Betts, it appears to be untimely, and therefore the Court lacks jurisdiction to grant relief under section 10 (6).

Even if the motion could be read as having been filed within the appropriate limitations period, the application must still be denied. Although a late claim motion must generally be assessed under the six-factor test set forth in Court of Claims Act § 10(6), when the proposed claim lacks the appearance of merit the motion may be denied on that ground alone, since it would be futile to permit the filing of a claim that would be subject to immediate dismissal (see Prusack v State of New York, 117 AD2d 729, 730 [2d Dept 1986]).

That is the case here. The only allegations of wrongdoing made by Betts concern the conduct of New York City police officers. But this Court has no jurisdiction over such matters, since such officers are not New York State employees, nor is there anything else set forth in the motion which indicates any wrongdoing by a state employee (see Whitmore v State of New York, 55 AD2d 745, 746 [3d Dept 1976], lv denied 42 NY2d 810 [1977] [New York City police officer is not state official, and is not subject to suit in the Court of Claims]).

In sum, claimant's filing does not indicate that he has any basis for filing a claim over which this Court would have jurisdiction.

In light of the foregoing, claimant's motion no. M-85685 to file a late claim is hereby denied. His application to proceed as a poor person is denied as moot.

January 20, 2015

Albany, New York

DAVID A. WEINSTEIN

Judge of the Court of Claims

Papers considered:

1. Claimant's Notice of Motion, Affidavit in Support of Motion to Late File a Claim and supporting papers.

2. Defendant's Affirmation in Opposition.


Summaries of

Betts v. State

New York State Court of Claims
Jan 20, 2015
# 2015-049-005 (N.Y. Ct. Cl. Jan. 20, 2015)
Case details for

Betts v. State

Case Details

Full title:KENNETH BETTS v. THE STATE OF NEW YORK

Court:New York State Court of Claims

Date published: Jan 20, 2015

Citations

# 2015-049-005 (N.Y. Ct. Cl. Jan. 20, 2015)