Movant's motion for leave to serve and file a late claim was denied as he failed to address the statutory factors.
|Claimant short name:||THOMAS|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|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|
|See also (multicaptioned case)|
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
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.