New York State Court of Claims

New York State Court of Claims

MCMILLIAN v. THE STATE OF NEW YORK, #2000-009-419, Claim No. 101966, Motion No. M-61549


Synopsis


Claimant's motion for a default judgment is denied.

Case Information

UID:
2000-009-419
Claimant(s):
FREDERICK MCMILLIAN
Claimant short name:
MCMILLIAN
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101966
Motion number(s):
M-61549
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY, JR.
Claimant's attorney:
FREDERICK MCMILLIAN, Pro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: Joel L. Marmelstein, Esq.,
Assistant Attorney General of Counsel.
Third-party defendant's attorney:

Signature date:
July 20, 2000
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has brought this motion seeking an order directing the entry of a default judgment against the State.

The Court has considered the following papers in connection with this motion:
Notice of Motion, Affidavit in Support 1,2

Affirmation, with Exhibits 3

By this motion, claimant asserts that the State has defaulted in answering this claim, served upon the Attorney General on February 7, 2000.

As set forth in the response affirmation and exhibits attached thereto, defendant has established that an answer to this claim was mailed to the claimant on March 3, 2000. The answer was mailed to claimant at the address set forth on the claim. In the time between the service of this claim and the service of the answer by the Attorney General, however, claimant was transferred to another correctional facility, and apparently did not receive the answer from the Attorney General. The Attorney General received notification of claimant's change of address on April 3, 2000, subsequent to the date of service of the answer.

Defendant has therefore established that an answer to this claim was timely served upon claimant.

Accordingly, it is

ORDERED, that Motion No. M-61549 is hereby DENIED.


July 20, 2000
Syracuse, New York

HON. NICHOLAS V. MIDEY, JR.
Judge of the Court of Claims