Opinion
# 2015-045-008 Claim No. NONE Motion No. M-85865
03-12-2015
LARRY DENNIS v. THE STATE OF NEW YORK
By: Larry Dennis, Pro Se Hon. Eric T. Schneiderman, Attorney General By: Paul F. Cagino, Assistant Attorney General
Synopsis
Late claim motion, failure to attach a proposed claim or a notice of motion.
Case information
UID: | 2015-045-008 |
Claimant(s): | LARRY DENNIS |
Claimant short name: | DENNIS |
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-85865 |
Cross-motion number(s): | |
Judge: | GINA M. LOPEZ-SUMMA |
Claimant's attorney: | By: Larry Dennis, Pro Se |
Defendant's attorney: | Hon. Eric T. Schneiderman, Attorney General By: Paul F. Cagino, Assistant Attorney General |
Third-party defendant's attorney: | |
Signature date: | March 12, 2015 |
City: | Hauppauge |
Comments: | |
Official citation: | |
Appellate results: | |
See also (multicaptioned case) |
Decision
The following papers were read and considered by the Court on this motion: Claimant's Motion For Permission to File A Late Claim, Defendant's Affirmation in Opposition to Motion to File a Late Claim with annexed Exhibit A and Claimant's Reply.
Claimant, Larry Dennis, pro se, has brought this motion pursuant to Court of Claims Act (CCA) § 10 (6) seeking "permission of the Court to file the attached claim against the State of New York." Claimant failed to submit a notice of motion with his papers. Claimant also failed to attach a proposed claim to his papers.
It is unclear as to what the underlying claim in this matter concerns as all claimant set forth is that the claim accrued on April 8, 2014 and he was delayed in filing his claim as he was waiting for the grievance process to conclude.
Claimant has not properly initiated a motion or cross-motion for such late claim relief in accordance with the requirements of the Uniform Rules for the Court of Claims, 22 NYCRR 206.8, CPLR 2214, CPLR 2215 or CCA § 10 (6). By virtue of the absence of a notice of motion or cross-motion demanding relief, the court is without jurisdiction to grant the requested relief (see J.A. Valenti Elec. Co. v Power Line Constructors, 123 AD2d 604 [2d Dept 1986]).
Assuming arguendo, that claimant had properly initiated a motion or cross-motion for late claim relief, the court would still be without jurisdiction to grant such relief. CCA § 10 (6) provides inter alia, that a claimant who fails to timely file a claim or timely serve a claim upon the attorney general may, nevertheless, in the discretion of the court, be permitted to file such a claim at any time before an action asserting a like claim would be barred under the statue of limitations.
The claim proposed to be filed, containing all of the information set forth in section eleven of this act, shall accompany such application.
Claimant failed to submit a proposed claim as required by Court of Claims Act. The failure to submit a proposed claim mandates denial of the motion.
Therefore, for the foregoing reasons, claimant's motion is denied.
March 12, 2015
Hauppauge, New York
GINA M. LOPEZ-SUMMA
Judge of the Court of Claims