Opinion
# 2013-040-011 Motion No. M-82729
02-14-2013
KEVIN BROWN v. THE STATE OF NEW YORK
Synopsis
10(6) motion seeking permission to serve and file a claim late denied as moot. Case information
UID: 2013-040-011 Claimant(s): KEVIN BROWN Claimant short name: BROWN 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-82729 Cross-motion number(s): Judge: CHRISTOPHER J. McCARTHY Claimant's attorney: Kevin Brown, Pro Se ERIC T. SCHNEIDERMAN Defendant's attorney: Attorney General of the State of New York By: Michael T. Krenrich, Esq., AAG Third-party defendant's attorney: Signature date: February 14, 2013 City: Albany Comments: Official citation: Appellate results: See also (multicaptioned case) Decision
Movant's motion for permission to serve and file a Claim late pursuant to Court of Claims Act § 10(6) is denied as moot.
Attached to Movant's affidavit is a copy of his proposed Claim. The proposed Claim alleges that, on the evening of June 6, 2010, at Greene Correctional Facility located in Coxsackie, New York, in the north side recreation yard, Movant stepped into one of the rutted areas during a soccer game on the soccer field, twisting his left knee and causing injury. It is alleged that the State improperly maintained the area, was aware of the dangerous condition of the field and failed to correct it.
Movant previously moved for permission to serve and file this same Claim late. The motion was granted by this Court in Brown v State of New York (UID No. 2012-040-084 [Ct Cl, McCarthy, J., Oct. 22, 2012]). The Claim was filed with the Clerk of the Court on December 12, 2012 and assigned Claim No. 122129. The State has indicated that a claim alleging the same facts and circumstances as described in the proposed claim was served on the Office of the Attorney General on December 13, 2012. As Mr. Brown has already received permission to serve and file this Claim late pursuant to Court of Claims Act § 10(6) and appears to have done so, this motion is denied as moot.
February 14, 2013
Albany, New York
CHRISTOPHER J. McCARTHY
Judge of the Court of Claims
The following papers were read and considered by the Court on Movant's application for permission to file a late claim:
Papers Numbered
Notice of Motion, Affidavit and attachments 1
Affirmation in Opposition 2