Moss v. State

OPINION OF THE COURT

Christopher J. McCarthy, J.

For the reasons set forth below, claimant’s motion to serve and file a late claim pursuant to Court of Claims Act § 10 (6) is denied and the State’s cross motion to dismiss on the grounds *1129that the claim was not timely served upon the Attorney General in accordance with Court of Claims Act § 10 is granted.

The court will deal with defendant’s cross motion to dismiss first. The claim was filed in the office of the Clerk of the Court on November 28, 2008 and alleges that, on November 30, 2007, claimant was assaulted by a correction officer in the…