Opinion
# 2015-050-032 Claim No. NONE Motion No. M-86669
07-06-2015
JERMAINE FANN v. THE STATE OF NEW YORK
Jermaine Fann, Pro Se Hon. Eric T. Schneiderman, NYS Attorney General By: Thomas G. Ramsay, Assistant Attorney General
Synopsis
Claimant moves for permission to file a late claim. The defendant opposes the motion on the ground that the motion is not accompanied by the proposed claim as required by Section 10 (6). The motion is denied without prejudice.
Case information
| UID: | 2015-050-032 |
| Claimant(s): | JERMAINE FANN |
| Claimant short name: | FANN |
| 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-86669 |
| Cross-motion number(s): | |
| Judge: | STEPHEN J. LYNCH |
| Claimant's attorney: | Jermaine Fann, Pro Se |
| Defendant's attorney: | Hon. Eric T. Schneiderman, NYS Attorney General By: Thomas G. Ramsay, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | July 6, 2015 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The claimant, an inmate at the Auburn Correctional Facility, moves for an order pursuant to Court of Claims Act ("Act") Section 10 (6) permitting the late filing of a claim. The defendant opposes the motion on the ground that the motion is not accompanied by the proposed claim as required by Section 10 (6), among other deficiencies.
The defendant asserts in its attorney affirmation in opposition that claimant "failed to attach a proposed claim" (affirmation, at para. 3). Likewise, the motion papers submitted to the Court fail to include a proposed claim as specifically required by section 10 (6) of the Act. The reference by claimant about his claim (affidavit, para. 6) being relevant and attached to the papers is an error as there is no such attachment included or provided. Claimant also alleges in his answering papers dated May 20, 2015 that said claim was attached as an exhibit to his motion. The claim was not attached rendering claimant's motion defective.
Therefore, the motion is denied without prejudice (see Davis v State of New York, 28 AD2d 609 [3d Dept 1967], cf. Matter of Berry v State of New York, 115 AD2d 153 [3d Dept 1985]).
July 6, 2015
Hauppauge, New York
STEPHEN J. LYNCH
Judge of the Court of Claims The following papers were read and considered by the Court on the claimant's motion for permission to file a late claim: 1. Claimant's Notice of Motion for Permission to File a Late Claim, Affidavit in Support of Motion. 2. Attorney Affirmation in Opposition. 3. Claimant's Response.