Opinion
# 2021-041-022 Claim No. NONE Motion No. M-96530
04-08-2021
WILLIS WHITE v. THE STATE OF NEW YORK
WILLIS WHITE Pro Se HON. LETITIA JAMES New York State Attorney General By: Shadi Masri, Esq. Assistant Attorney General
Synopsis
Claimant's application to file a late inmate property claim is denied because Court lacks statutory authority to grant such relief; application to file late claim regarding negligence and intentional tort causes of action is denied as moot where claimant has submitted sworn statements that he timely served a notice of intention to file a claim on the Attorney General.
Case information
| UID: | 2021-041-022 |
| Claimant(s): | WILLIS WHITE |
| Claimant short name: | WHITE |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | The caption is amended to state the proper defendant. |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | NONE |
| Motion number(s): | M-96530 |
| Cross-motion number(s): | |
| Judge: | FRANK P. MILANO |
| Claimant's attorney: | WILLIS WHITE Pro Se |
| Defendant's attorney: | HON. LETITIA JAMES New York State Attorney General By: Shadi Masri, Esq. Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | April 8, 2021 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, an inmate at Clinton Correctional Facility (Clinton), moves "for an Order pursuant to Section 10(6) of the Court of Claims Act, Granting permission to file A Claim." Defendant opposes the application.
To the extent claimant seeks permission to serve and file a late inmate personal property claim, the Court lacks statutory authority to grant the relief requested by claimant:
"The provisions of Court of Claims Act § 10 (6) that vest the Court of Claims with discretionary authority to permit the filing of a late claim do not apply to inmate property claims" (Encarnacion v State of New York, 133 AD3d 1049, 1050 [3d Dept 2015], lv denied 26 NY3d 919 [2016]; see Roberts v State of New York (11 AD3d 1000, 1001 [4th Dept 2004]).
The claim submitted with claimant's application also appears to allege causes of action for assault by correction officers, filing of false disciplinary charges against claimant and negligent medical care, all allegedly accruing on December 3, 2020 at Clinton.
The sworn and verified claim submitted with claimant's application alleges at paragraph 12 that "Notice of Intention of file the Claim was served on the Office of the Attorney General on the 18, day of February 2021 [sic]."
With respect to a claim based upon the alleged negligence of the State of New York, Court of Claims Act 10 (3) requires that the claim, or, alternatively, a notice of intention to file a claim, must be served by claimant on the Attorney General within ninety days of its accrual:
"A claim to recover damages for injuries to property or for personal injuries caused by the negligence or unintentional tort of an officer or employee of the state while acting as such officer or employee, shall be filed and served upon the attorney general within ninety days after the accrual of such claim, unless the claimant shall within such time serve upon the attorney general a written notice of intention to file a claim therefor, in which event the claim shall be filed and served upon the attorney general within two years after the accrual of such claim."
Similarly, with respect to a claim based upon an alleged intentional tort committed by the State of New York, Court of Claims Act (3-b) requires that the claim, or, alternatively, a notice of intention to file a claim, must be served by claimant on the Attorney General within ninety days of its accrual:
"A claim to recover damages for injuries to property or for personal injuries caused by the intentional tort of an officer or employee of the state while acting as such officer or employee, or of a member of the organized militia or of an employee in the division of military and naval affairs of the executive department, shall be filed and served upon the attorney general within ninety days after the accrual of such claim, unless the claimant shall within such time serve upon the attorney general a written notice of intention to file a claim therefor, in which event the claim shall be filed and served upon the attorney general within one year after the accrual of such claim."
Claimant, in his claim, submitted a sworn statement that he served a notice of intention to file a claim on the Attorney General on February 18, 2021, within ninety days of the accrual of his claim. The defendant has not specifically contradicted claimant's sworn statement.
In his reply affidavit, claimant again states that he "Served Notice of Intention before 90 days Deadline."
Assuming, for the limited purpose of considering claimant's application to serve and file a late claim, that claimant's sworn statements regarding his purported timely service of a notice of intention to file a claim are true, claimant's time to serve and file his claim would be extended for one year from the claim's accrual with regard to his allegations of intentional tort and for two years with respect to his allegations of negligence.
The claimant's application is denied as moot, based upon claimant's own sworn statements that he has timely served a notice of intention to file a claim on the Attorney General.
April 8, 2021
Albany, New York
FRANK P. MILANO
Judge of the Court of Claims
Papers Considered:
1. Claimant's Notice of Motion, filed March 4, 2021; 2. Claim of Willis White, verified February 23, 2021, and attached exhibits; 3. Affirmation in Opposition of Shadi Masri, dated March 22, 2021, and attached exhibits; 4. Reply Affidavit (titled "Notice of Motion") of Willis White, sworn and verified March 30, 2021.