New York State Court of Claims

New York State Court of Claims

HERRERA v. THE STATE OF NEW YORK, #2000-011-597, Claim No. 99073, Motion No. M-62502


Synopsis


Defendant's motion to dismiss on the ground that the claim was not served is granted.

Case Information

UID:
2000-011-597
Claimant(s):
ANGEL HERRERA
Claimant short name:
HERRERA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99073
Motion number(s):
M-62502
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Angel Herrera, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Michael C. Rizzo, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
October 19, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Defendant has moved to dismiss on the ground that the claim was not served. In an affidavitby Carol McKay, a senior clerk in the Attorney General's office, she avers that she is familiar with the record keeping system of that office as it concerns claims against the State. She also states that she made a thorough search of the records and found only a letter from this court to Claimant acknowledging receipt of the claim. She did not find any record of the claim in this matter. In addition, Claimant did not file an affidavit of service with the court as required by §206.5 of the Uniform Rules for the Court of Claims and has not opposed the motion. Based upon the affidavit by Ms. McKay and the absence of an affidavit of service, the court concludes that the claim was not served as required by the Court of Claims Act §10. Accordingly, the court is without jurisdiction. The motion is granted and the claim is dismissed.

October 19, 2000
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims



Papers Submitted:

  1. Notice of Motion to Dismiss dated October 5, 2000.
  2. Affirmation of Michael C. Rizzo, Esq., dated October 5, 2000 with exhibits annexed.