New York State Court of Claims

New York State Court of Claims
THOMAS v. THE STATE OF NEW YORK, # 2021-015-082, Claim No. None, Motion No. M-97012

Synopsis

Movant's motion for leave to serve and file a late claim was denied as he failed to address the statutory factors.

Case information

UID: 2021-015-082
Claimant(s): DURON THOMAS
Claimant short name: THOMAS
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-97012
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Duron Thomas, Pro Se
Defendant's attorney: Honorable Letitia James, Attorney General
By: Charles Lim, Esq., Assistant Attorney General
Third-party defendant's attorney:
Signature date: August 16, 2021
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Movant, a pro se inmate, served and filed a Notice of Motion requesting an Order granting punitive damages. The Notice of Motion is supported by a document entitled Late Claim, which is verified by the movant.

The document entitled Late Claim appears to be a proposed claim seeking $50,000.00 in damages arising from an incident on November 7, 2020 in which "an unknown individual caused a hot and/or caustic liquid to be splashed on Claimant's hand while he utilized the kiosk" (Late Claim, 2). In the Late Claim, the movant states he was unable to file a timely claim due to the severity of the burns he sustained on his hands.

To the extent movant seeks to serve and file a late claim, he must move pursuant to Court of Claims Act 10 (6), address the statutory factors set forth therein and include a copy of the proposed claim. Here, other than having proffered an excuse for failing to timely serve and file a claim, claimant otherwise failed to address the statutory factors set forth in Court of Claims Act 10 (6).

Accordingly, the motion denied.

August 16, 2021

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

1. Notice of motion dated June 17, 2021;

2. Affidavit in support sworn to June 17, 2021, with attachment;

3. Affirmation in opposition dated August 3, 2021.