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New York State Court of Claims

New York State Court of Claims
N.B. v. THE STATE OF NEW YORK, # 2020-038-557, Claim No. None, Motion No. M-95581

Synopsis

Motion for late claim relief denied. Claimant failed to identify a single proposed late claim. Motion for assignment of counsel denied as moot.

Case information

UID: 2020-038-557
Claimant(s): N.B.(1)
Claimant short name: N.B.
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-95581
Cross-motion number(s):
Judge: W. BROOKS DeBOW
Claimant's attorney: N.B., Pro se
Defendant's attorney: LETITIA JAMES, Attorney General
of the State of New York
By: Heather R. Rubinstein, Assistant Attorney General
Third-party defendant's attorney:
Signature date: October 7, 2020
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, an individual currently incarcerated in a State correctional facility, moves for permission to file and serve a late claim pursuant to Court of Claims Act 10 (6). The proposed claim alleges that claimant was sexually assaulted by a correction officer at Green Haven Correctional Facility (CF). Claimant also moves for assignment of counsel. Defendant opposes the motion for late claim relief.

In support of his application for late claim relief, claimant has submitted three separate documents denominated the "claim," including a claim submitted on a form obtainable on the Court of Claims website and provided primarily for pro se litigants (see Notice of Motion, attachments [Claim Form, sworn to Mar. 5, 2020]), a handwritten claim that is undated but accompanied by a verification dated March 5, 2020 (see id. [Unsworn Claim]), and a Verified Claim (see id. [Verified Claim, sworn to Mar. 5, 2020]). Although the three claims submitted in support of the instant motion are sworn to and/or verified on the same date and contain substantially similar allegations, there is no indication as to which claim is intended to be the proposed claim. Inasmuch as the Court cannot discern which of the three documents claimant seeks to treat as the proposed claim, the Court cannot grant claimant's application. Therefore, claimant's motion must be denied without prejudice to a subsequent application for late claim relief clearly identifying a single proposed late claim. Inasmuch as claimant's late claim motion must be denied, his motion for assignment of counsel is denied as moot.

Accordingly, it is

ORDERED, that claimant's motion number M-95581 is DENIED without prejudice to a subsequent motion for late claim relief that identifies the proposed claim that claimant seeks permission to file and serve late.

October 7, 2020

Saratoga Springs, New York

W. BROOKS DeBOW

Judge of the Court of Claims

Papers considered:

1. Notice of Motion, dated March 2, 2020;

2. Affidavit of N.B. in Support, sworn to March 5, 2020;

3. Claim Form, sworn to March 5, 2020;

4. Notice of Intention to File Claim, dated February 28, 2020;

5. Unsworn Claim, verified March 5, 2020;

6. Motion to Assign Counsel, sworn to March 5, 2020;

7. Verified Claim, sworn to March 5, 2020;

8. Claimant's Unenumerated Exhibits;

9. Affirmation of Heather R. Rubinstein in Opposition for Leave to File Late Claim, dated August 18, 2020.


1. The caption has been amended pursuant to Civil Rights Law 50-b to grant claimant anonymity inasmuch as the proposed claim alleges that claimant was the victim of sexual offenses as defined in Article 130 of the Penal Law.