Opinion
# 2016-016-050 Claim No. None Motion No. M-88986
09-01-2016
SERGEY SHTILMAN v. STATE OF NEW YORK
Sergey Shtilman, Pro se Eric T. Schneiderman, Attorney General By: Michael D. Brown, AAG
Synopsis
Case information
| UID: | 2016-016-050 |
| Claimant(s): | SERGEY SHTILMAN |
| Claimant short name: | SHTILMAN |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | None |
| Motion number(s): | M-88986 |
| Cross-motion number(s): | |
| Judge: | Alan C. Marin |
| Claimant's attorney: | Sergey Shtilman, Pro se |
| Defendant's attorney: | Eric T. Schneiderman, Attorney General By: Michael D. Brown, AAG |
| Third-party defendant's attorney: | |
| Signature date: | September 1, 2016 |
| City: | New York |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Sergey Shtilman moves here for permission to file a late claim for property lost when he was transferred from Woodbourne Correctional Facility in Sullivan County to Mohawk Correctional Facility (Oneida County).
An amendment in 1999 to section 10 of the Court of Claims Act (the "Act") added subdivision 9, covering lawsuits for loss of property brought by inmates in State custody. Under subdivision 9, an inmate whose property has gone missing must first pursue the departmental administrative remedy, and then, if necessary, has 120 days from the exhaustion of the administrative route to bring suit in the Court of Claims.
In general, section 10 (6) of the Act permits a litigant to make an application to the Court for permission to file a late claim. However, section 10 (9) was a separately designed procedure, which if not complied with, does not allow the fall-back remedy of a late claim (Roberts v State of New York, 11 AD3d 1000 [4th Dept 2004]).
Thus, Mr. Shtilman cannot avail himself of a late claim. He may not need to: defendant stated that at the time it received the motion - - on June 23, 2016 - - the 120-day clock was still running, and Shtilman had until August 13, 2016 to file a claim (120 days from April 15, 2016).
Claimant's motion was returnable after such limitations period, and this Order is dated September 1, 2016. Shtilman's papers were file stamped as received on June 22, 2016 by the Court.
Part of Shtilman's motion papers is his "Claim," appended to which is a list of the missing items, including: coffee, canned food, toiletries, a towel and "13 family books/travel," for which he gives a total value of $171.80. Such claim satisfies the specificity requirements of section 11 (b) of the Act.
In view of the foregoing, M-88986 is denied; except that IT IS ORDERED that the Clerk of the Court is directed to file the proposed claim (with annexed exhibits and application for a fee reduction) attached to this motion as the claim, filed as of the filing date of this Order. Said filing date shall also serve as the service date for purposes of 22 NYCRR 206.7 (a).
The following papers were submitted to the Court: From Sergey Shtilman, a Notice of Motion for Permission to File Late Claim, an Affidavit Supporting Permission to File Late Claim, the Claim, a Mohawk Correctional Facility Memorandum and an Inmate Claim Form. From the State of New York, an Affirmation in Opposition to Claimant's Motion to Late File (with exhibit A). --------
September 1, 2016
New York, New York
Alan C. Marin
Judge of the Court of Claims