Opinion
# 2016-016-041 Claim No. 126548 Motion No. M-87900 Cross-Motion No. CM-88026
07-29-2016
MICHAEL TAYLOR v. STATE OF NEW YORK
Michael Taylor, Pro se Eric T. Schneiderman, Attorney General By: Lawrence E. Kozar, AAG
Synopsis
Case information
| UID: | 2016-016-041 |
| Claimant(s): | MICHAEL TAYLOR |
| Claimant short name: | TAYLOR |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 126548 |
| Motion number(s): | M-87900 |
| Cross-motion number(s): | CM-88026 |
| Judge: | Alan C. Marin |
| Claimant's attorney: | Michael Taylor, Pro se |
| Defendant's attorney: | Eric T. Schneiderman, Attorney General By: Lawrence E. Kozar, AAG |
| Third-party defendant's attorney: | |
| Signature date: | July 29, 2016 |
| City: | New York |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Michael Taylor has brought a claim here asserting causes of action for unreasonable search and seizure and malicious prosecution. Mr. Taylor describes his claim as arising from the following: "(1) On April 11, 1985, I was arrested by law enforcement officers and charged with possession of a forged instrument." Claimant maintains that since he was not engaged in any criminal activity at the time, the subsequent search of him was not pursuant to a lawful arrest.
Paragraph 2 of Mr. Taylor's Claim.
" (2) I was arrested on April 4th, 2001, and on January 9th, 2002, and appeared in court for arraignment on the same day as the arrests. At the arraignments, I signed a waiver of extradition to the State of New Jersey, but was never formally charged as a fugitive under the Uniform Criminal Extradition Law."
Taylor stated that the "acts took place" in a subway in Manhattan and criminal court in Brooklyn and that his claims accrued last year: "on the 26th of June, 2015, when the claimant discovered a cause of action . . ." (paragraphs 3 and 4 of the Claim).
Mr. Taylor, who has been incarcerated in a correctional facility in New Jersey, states that because of his unfamiliarity with New York's Court of Claims Act, he moves for an order "to proceed as a poor person as well as being assigned an attorney to this action" (claimant's Affidavit in support of motion). For its part, the defendant State of New York opposes claimant's motion and cross moves for dismissal on the ground of untimeliness. * * *
In a civil case seeking money damages, there is no right in a court of the State of New York to have counsel appointed (In re Smiley, 36 NY2d 433 [1975]; Williams v State of New York, 21 Misc3d 1128[A][Ct Cl 2008]). Except for the initial $50 filing fee, no costs or fees are imposed in the Court of Claims. Under subdivision (f) of CPLR 1101, by Order dated January 14, 2016, the Acting Presiding Judge ordered a moderate reduction in the filing fee for Mr. Taylor.
Defendant's cross motion to dismiss argues that Mr. Taylor's claim is late in two ways: it does not comply with the time periods for service and filing specified in the Court of Claims Act (the "Act" ); nor is it in compliance with the overall statute of limitations contained in Article 2 of the CPLR, under which, for example, a claim for ordinary negligence causing personal injury must be brought within three years, and claims for intentional torts like assault, battery and false imprisonment have a one year statute of limitations.
The cause of action here accrued no later than 2002; commencing an action in 2015 is well beyond any applicable limitations period. Only where specifically provided in law can a limitations period be tolled because of late discovery of the cause of action; see for example CPLR § 214-c, which covers the latent effects of exposure to a toxic substance. It is unnecessary to reach defendant's other argument: that even accepting Mr. Taylor's date of accrual as its discovery on June 26, 2015, claimant did not satisfy those provisions of the Court of Claims Act which require a claim to be filed with the Clerk of the Court and served on the Attorney General within 90 days of accrual (sections 10 [3] and 11 [a][i]). * * *
In view of the foregoing, and having considered the parties' submissions, IT IS ORDERED that motion No. M-87900 is denied, cross motion No. CM-88026 is granted and claim No. 126548 is dismissed.
The following were reviewed: From claimant - - a Notice of Motion; Order to Show Cause; Affidavit in support of motion to proceed as a poor person and for the assignment of an attorney; and an August 1, 2015 "To Whom It May Concern" letter to the Court of Claims, Albany address (dated August 1, 2015). From defendant - - a Notice of Cross Motion, an Affirmation in Support of Cross-Motion and in Opposition to Claimant's Motion (with exhibit A).
July 29, 2016
New York, New York
Alan C. Marin
Judge of the Court of Claims