New York State Court of Claims

New York State Court of Claims
AARON v. THE STATE OF NEW YORK, # 2021-054-041, Claim No. NONE, Motion No. M-96916

Synopsis

late claim app denied as  moot due to timely service of a notice of intention

Case information

UID: 2021-054-041
Claimant(s): SHAVON AARON
Claimant short name: AARON
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-96916
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: SHAVON AARON
Pro Se
Defendant's attorney: HON. LETITIA JAMES
Attorney General for the State of New York
By: Suzette Corinne Merritt, Assistant Attorney General
Third-party defendant's attorney:
Signature date: September 21, 2021
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The following papers numbered 1-2 were read and considered by the Court on movant's application for leave to serve and file a late claim:

Notice of Motion, Movant's Supporting Affidavit and Exhibits..............................1

Attorney's Affirmation in Response to Movant's Application and Exhibit.............2

On December 4, 2020 movant served the attorney general's office with a Notice of Intention to File a claim by certified mail, return, receipt requested (Movant's Ex. B). The Notice of Intention to File a Claim asserted that on October 24, 2020 movant went to visit someone at Green Haven Correctional Facility where movant underwent a search conducted by the K-9 unit consisting of a dog and a handler. During the search, movant was allegedly bitten on the buttocks by the dog. Movant was not provided with any medical attention. The Notice of Intention To File a Claim asserts that the State was negligent in its training of the K-9 officer and the dog.

Movant was never notified of receipt by the attorney general's office of her Notice of Intention to File a Claim. Therefore, on February 6, 2021, claimant mailed additional copies of her Notice of Intention to File a Claim by certified mail, return receipt requested, to the attorney general's office (Movant's Exs. D, E, F).

Movant now seeks late claim relief due to the ambiguity as to whether the attorney general's office received movant's Notice of Intention to File a Claim that movant mailed on December 4, 2020.

In response to movant's application, the State indicates that it received movant's Notice of Intention to File a Claim on December 7, 2020 and that therefore movant's late claim application should be denied as moot (State's Ex. A).

Court of Claims Act 10 [3] provides:

"A claim to recover damages for injuries to property or for personal injuries caused by the negligence or unintentional tort of an officer or employee of the state while acting as such officer or employee, shall be filed and served upon the attorney general within ninety days after the accrual of such claim, unless the claimant shall within such time serve upon the attorney general a written notice of intention to file a claim therefor, in which event the claim shall be filed and served upon the attorney general within two years after the accrual of such claim."

Court of Claims Act 11 (a) (i) provides in pertinent part that, "[s]ervice by certified mail, return receipt requested, upon the attorney general shall not be complete until the claim or notice of intention is received in the office of the attorney general."

In the case at bar, the State affirms that it received movant's Notice of Intention to File a Claim on December 7, 2020 and that therefore movant's late claim application is moot (State's Affirmation in Response, 2, State's Ex. A). Since movant's Notice of Intention to File a Claim was timely served upon the attorney general's office, movant is within the statutorily permissible time period to serve and file a claim within two years after the accrual of her claim (Court of Claims Act 10 [3]).

Accordingly, movant's late claim application is DENIED as moot.

September 21, 2021

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims