Opinion
# 2016-018-711 Claim No. NONE Motion No. M-87951
03-24-2016
SHELTON YOUNG v. STATE OF NEW YORK
SHELTON YOUNG Pro Se ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Ray A. Kyles, Esquire Assistant Attorney General
Synopsis
Late claim application denied - previously granted.
Case information
| UID: | 2016-018-711 |
| Claimant(s): | SHELTON YOUNG |
| Claimant short name: | YOUNG |
| 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-87951 |
| Cross-motion number(s): | |
| Judge: | DIANE L. FITZPATRICK |
| Claimant's attorney: | SHELTON YOUNG Pro Se |
| Defendant's attorney: | ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Ray A. Kyles, Esquire Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | March 24, 2016 |
| City: | Syracuse |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Movant brings a Court of Claims Act section 10 (6) motion seeking permission to file a late claim. Defendant opposes the relief.
Movant previously filed an almost identical motion for permission to file a late claim (M-87349) on September 17, 2015. That motion attached an identical proposed claim seeking the damages for personal injuries suffered when on October 2, 2013, at approximately 1:30 p.m. Claimant was working in the mess hall at Cape Vincent Correctional Facility when he slipped and fell in the "Dishroom" on a slippery liquid and water from a leaking dish machine. Movant also alleged that he was not provided with proper medical care for the injures he sustained. Defendant opposed that motion. After considering all of Movant's submissions on that motion, Defendant's opposition, and the factors the Court is required to consider under Court of Claims Act section 10 (6), Movant's motion was granted by a Decision and Order signed on November 23, 2015, and filed on March 16, 2016.
It appears that this motion was filed prior to Movant receiving a copy of the Decision and Order granting his prior late claim application (M-87349). Since this motion seeks the same relief previously granted it is duplicative and unnecessary. Based upon the Decision and Order on that earlier motion (M-87349), Movant has 60 days from March 16, 2016, to file and serve the proposed claim for the State's negligence in failing to provide a safe work environment and to maintain its property in a reasonably safe condition in accordance with all applicable Court rules. The motion related to the medical malpractice cause of action was denied as unnecessary because the medical malpractice cause of action is not late; Movant still has until July 23, 2016 to timely file and serve a claim for that cause of action.
Accordingly, this motion must be DENIED as unnecessary because the relief requested was previously granted by the Decision and Order on Motion Number M-87349 filed March 16, 2016. Movant is directed to comply with the terms of that Decision and Order to properly commence his claim in this Court.
March 24, 2016
Syracuse, New York
DIANE L. FITZPATRICK
Judge of the Court of Claims The Court has considered the following in deciding this motion: 1) Notice of Motion. 2) Affidavit of Shelton Young, sworn to August 25, 2015, in support, with exhibits attached thereto. 3) Affirmation of Ray A. Kyles, Esquire, Assistant Attorney General, in opposition, with exhibits attached thereto.