New York State Court of Claims

New York State Court of Claims

CAIN v. New York, #2000-010-024, Claim No. NONE, Motion No. M-61669


Synopsis


Late claim application

Case Information

UID:
2000-010-024
Claimant(s):
DERRICK CAIN
Claimant short name:
CAIN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-61669
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
DERRICK CAINPro Se
Defendant's attorney:
No Appearance
Third-party defendant's attorney:

Signature date:
June 28, 2000
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on claimant's late claim application:
Notice of Motion, Claimant's Supporting Affidavit, Proposed Claim, Exhibits.....1
Defendant's letter[1]dated June 14, 2000 indicating that it has not received any motion papers from claimant................................................................................................2

Defendant indicates that it has not been served with claimant's motion papers and claimant's "Affidavit of Service" does not indicate that all motion papers were served on defendant. Accordingly, the Court cannot properly address claimant's motion at this time. Claimant may, however, bring another application upon proper papers with a proper affidavit of service indicating that defendant was served with all motion papers.


June 28, 2000
White Plains , New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims




[1] The letter was signed by a legal assistant.