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McCann v. State (N.Y.Ct.Cl. 11/14/2002)
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NEW YORK COURT OF CLAIMS
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Claim No. N/A
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2002 NY Slip Op 2275711/14/2002
This opinion is uncorrected and subject to revision before publication in the Miscellaneous Reports.
Accepted for Miscellaneous Reports Publication
DECISION AND ORDER
Motion No. M-65579
This motion raises the question of whether it is possible to grant late claim relief, pursuant to section 10(6) of the Court of Claims Act, for those claims for injury to or loss of personal property brought by State prison inmates, which are subject to the time limitation contained in section 10(9). The Court concludes that such relief is not available.
Movant's proposed claim alleges that on May 24, 2000, when he was taken to the Special Housing Unit, his belongings were packed by a correction officer. On May 29, 2000, when he signed for the receipt of his property, he discovered many items to be missing. The proposed claim does not itemize the property but sets its total value at $172.35.
In support of the motion, movant states that he filed an institutional claim with respect to this property loss on December 26, 2001. That claim was denied initially and then denied again on appeal, with the final denial occurring on February 14, 2002 (Hahn Affirmation, Exhibit G). Pursuant to Court of Claims Act § 10 (9), property loss claims brought by State prison inmates are to be filed and served within 120 days after the date on which the inmate finally exhausts the administrative remedy established for personal property claims by the Department of Correctional Services (DOCS). Movant's claim, therefore, should have been filed in June 2002.
The claim was not timely commenced, however, and movant asserts that his delay is excusable because it was caused by DOCS' own error. In April 2002, movant was transferred to Wyoming Correctional Facility for a short period of time. When he returned to Bare Hill Correctional Facility that same month, some items of property - including court papers related to the May 2000 property loss - were missing (McCann Affidavit, 2). He informed prison officials in writing that he needed this material "to continue my claims in the court" (id., Exhibit A). When the missing items were returned to him in July 2002, he wrote another letter stating, " e advised that this letter is being carbon copied and will be submitted to the Judge as proof of why I did not file within 120 days of receipt of claim from Attica Correctional Facility" (id., Exhibit B).
Defendant takes the position that, even if the reason for delay could be considered (*3)excusable and all other factors weighed in movant's favor, the Court of Claims nevertheless lacks jurisdiction to grant the motion, because the relief provided in Court of Claims Act § 10 (6) is simply unavailable with respect to claims for property loss brought by State prison inmates. Defense counsel argues that the remedy contained in section 10 (6) is expressly available only to a litigant "who fails to file or serve upon the attorney general a claim or to serve upon the attorney general a notice of intention, as provided in the foregoing subdivisions, within the time limited therein for filing or serving . . ." (emphasis added). The "foregoing subdivisions" referenced are those which set the applicable time limits for commencing actions based on appropriation of real property (subd. 1), wrongful death (subd. 2), property or personal injury caused by negligent, unintentional or intentional conduct (subds. 3, 3-a, 3-b), and breach of express or implied contract "and any other claim not otherwise provided for" (subd. 4).
These types of claims, including claims for property loss brought by those who are not State prison inmates, are governed by section 10 (3), a
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