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Dennis v. State

New York State Court of Claims
Mar 12, 2015
# 2015-045-008 (N.Y. Ct. Cl. Mar. 12, 2015)

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


Summaries of

Dennis v. State

New York State Court of Claims
Mar 12, 2015
# 2015-045-008 (N.Y. Ct. Cl. Mar. 12, 2015)
Case details for

Dennis v. State

Case Details

Full title:LARRY DENNIS v. THE STATE OF NEW YORK

Court:New York State Court of Claims

Date published: Mar 12, 2015

Citations

# 2015-045-008 (N.Y. Ct. Cl. Mar. 12, 2015)