New York State Court of Claims

New York State Court of Claims
ALSTON v. THE STATE OF NEW YORK, # 2021-038-546, Claim No. None, Motion No. M-96721


Motion for permission to file a late claim denied. Late claim relief is not available for lost property claims.

Case information

UID: 2021-038-546
Claimant(s): JOHN ALSTON
Claimant short name: ALSTON
Footnote (claimant name) :
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): None
Motion number(s): M-96721
Cross-motion number(s):
Claimant's attorney: JOHN ALSTON, Pro se
Defendant's attorney: LETITIA JAMES, Attorney General
of the State of New York
By: Elizabeth A. Gavin, Assistant Attorney General
Third-party defendant's attorney:
Signature date: July 23, 2021
City: Saratoga Springs
Official citation:
Appellate results:
See also (multicaptioned case)


Claimant, an individual currently incarcerated in a State correctional facility, seeks permission pursuant to Court of Claims Act 10 (6) to file a late claim seeking compensation for lost personal property. Defendant opposes the motion, which will be denied for the reasons that follow.

The Court's discretionary authority to grant late claim relief pursuant to Court of Claims Act 10 (6) does not extend to claims for lost personal property brought pursuant to Court of Claims Act 10 (9) (see Encarnacion v State of New York, 133 AD3d 1049, 1050 [3d Dept 2015], lv denied 26 NY3d 919 [2016]; Roberts v State of New York, 11 AD3d 1000, 1001 [4th Dept 2004]), and this motion for late claim relief, which seeks compensation for a lost package at Green Haven Correctional Facility in April 2019 (see Proposed Claim, 2 [A] - [c]), must be denied.(1)

Accordingly, it is

ORDERED, that motion number M-96721 is DENIED.

July 23, 2021

Saratoga Springs, New York


Judge of the Court of Claims

Papers considered:

1. Motion for Permission to File a Late Claim, undated;

2. Proposed Verified Claim, sworn to March 31, 2021, with unenumerated attachments;

3. Affirmation of Elizabeth A. Gavin, AAG, in Opposition, with Exhibits 1-4;

4. Alston Reply, undated.

1. Notwithstanding that claimant's submission in reply to defendant's opposition papers was untimely filed on July 21, 2021, the return date for the instant motion (see CPLR 2214 [b] [reply affidavits to be served "at least one day" before a motion "is noticed to be heard"]), the Court considered claimant's reply in the interests of hearing the motion on the merits.