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Home / Case Digests / Court of Claims — Amending a Defective Notice of Intention to File a Claim: Collins v. State

Court of Claims — Amending a Defective Notice of Intention to File a Claim: Collins v. State

New York State Court of Claims

Amending a Defective Notice of Intention to File a Claim
 
Collins v. State
2012-038-552
Judge DeBow

Background: The claimant applied to the court to amend his Notice of Intention to File a Claim. The claimant was incarcerated and performing a work assignment when he suffered an injury after slipping on a recently mopped floor. The claimant’s original Notice of Intention did not state the date of the alleged accident, nor did it state the location of the accident. After retaining counsel, the claimant moved to amend the notice.

Ruling: The court denied the motion. The court found that there is no procedural mechanism permitting a claimant to amend a Notice of Intention to File a Claim, or, as suggested by the claimant, to deem the Proposed Supplemental Notice of Intention to be the Notice of Intention, nunc pro tunc.

Oran Schwager of Pulvers Pulvers & Thompson for the claimant; Michael C. Rizzo of the New York State Office of the Attorney General for the defendant