New York State Court of Claims

New York State Court of Claims
BARNES v. THE STATE OF NEW YORK, # 2018-054-028, Claim No. NONE, Motion No. M-91576

Synopsis

Movant's application for leave to serve and file a late claim denied. Movant does not present a justiciable issue for the Court's review.

Case information

UID: 2018-054-028
Claimant(s): EBEN BARNES
Claimant short name: BARNES
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-91576
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: EBEN BARNES
Pro Se
Defendant's attorney: HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
By: Joan Martlavage, Assistant Attorney General
Third-party defendant's attorney:
Signature date: March 12, 2018
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The following papers numbered 1-2 were read and considered by the Court on movant's application for leave to serve and file a late claim:

Notice of Motion, Movant's Supporting Affidavit in Support and Exhibits............1

Defendant's Affidavit in Opposition and Exhibits......................................................2

Movant, proceeding pro se, brings this application for leave to serve and file a late claim arising from a slip and fall in the shower on April 13, 2017, during his incarceration at Greene Correctional Facility. The proposed claim alleges that the State failed to provide movant with any accommodations for his disability. In this respect, movant has one leg and requires the use of handicap-accessible facilities. More particularly, the proposed claim alleges that the State was negligent and acted with deliberate indifference in violation of the 8th and 14th amendments of the U.S. Constitution and in violation of Article 1 5, 11 of the N.Y. State Constitution (Movant's Ex. B).

Movant asserts that he also served the Attorney General's office with a Notice of Intention to File a Claim based upon the same incident alleged in the proposed claim. A copy of a U.S. Postal Service Certified Mail Receipt with a return receipt indicating that the Attorney General's office signed for receipt of a mailing on June 26, 2017 is attached to the moving papers as movant's Exhibit A. Defendant does not dispute receipt of the Notice of Intention to File a Claim.

Court of Claims Act 10 (3) provides that when a written Notice of Intention to File a Claim alleging negligence is timely served upon the Attorney General's office, the time period to serve and file a claim is extended to two years from the date of accrual (see Matter of Hughes v State of New York, 25 AD3d 800 [2d Dept 2006]); DeFilippis v State of New York, 157 AD2d 826, 827-828 [2d Dept 1990]). Here, the two-year period related to the aforesaid Notice of Intention to File a Claim expires on April 13, 2019. Therefore, movant is within the permissible time period to serve and file a claim in accordance with the mandates of the Court of Claims Act.

Accordingly, movant's application for leave to file and serve a late claim is not properly before the Court as movant does not, at this time, present a justiciable issue for the Court's review.

Accordingly, movant's application is DENIED.

March 12, 2018

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims