Application for late claim relief was denied where movant addressed only one of the factors for consideration and failed to submit a proposed claim.
|Claimant short name:||WATKINS|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||FRANCIS T. COLLINS|
|Claimant's attorney:||Paul Watkins, Pro Se|
|Defendant's attorney:||Honorable Letitia James, Attorney General
By: Michael T. Krenrich, Esq., Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||December 27, 2019|
|See also (multicaptioned case)|
Movant, proceeding pro se, seeks leave to file a late claim pursuant to Court of Claims Act § 10 (6).
Movant, an inmate in the custody of the Department of Corrections and Community Supervision (DOCCS), states in an affidavit submitted in support of his motion that the failure to timely serve and file a claim was due to DOCCS' refusal to provide Notary services while he was confined to his cell on keeplock status- from August 22, 2019 to September 21, 2019. Movant did not submit a proposed claim with his application nor did he indicate the nature of the claim he seeks permission to file.
Court of Claims Act § 10 (6) permits this Court, if the applicable statute of limitations set forth in article 2 of the CPLR has not expired, to allow the filing of a late claim upon consideration of the following factors: "whether the delay in filing the claim was excusable; whether the state had notice of the essential facts constituting the claim; whether the state had an opportunity to investigate the circumstances underlying the claim; whether the claim appears to be meritorious; whether the failure to file or serve upon the attorney general a timely claim or to serve upon the attorney general a notice of intention resulted in substantial prejudice to the state; and whether the claimant has any other available remedy." In addition, Court of Claims Act § 10 (6) requires that the claim proposed to be filed accompany any such application.
Here, movant addressed only his excuse for failing to timely file and serve a claim and failed to address the remaining factors or even to submit a copy of his proposed claim for consideration.(1)
Accordingly, movant's application must be denied.
Based on the foregoing, movant's application for leave to serve and file a late claim is denied.
December 27, 2019
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims
1. While respondent's counsel indicates the movant seeks to file a late claim alleging wrongful confinement to keeplock from June 25, 2019 through July 12, 2019, the papers movant submitted to the Court make no such allegation.