New York State Court of Claims

New York State Court of Claims

WAUL v. THE STATE OF NEW YORK, #2000-015-097, Claim No. 102787, Motion No. M-62186


Synopsis


Poor person application denied for failure to serve copy on County Attorney.

Case Information

UID:
2000-015-097
Claimant(s):
ANDRE WAUL
Claimant short name:
WAUL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102787
Motion number(s):
M-62186
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Andre Waul, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: No AppearanceAssistant Attorney General
Third-party defendant's attorney:

Signature date:
October 31, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant's application for poor person relief pursuant to CPLR § 1101 is denied. By this claim, the claimant seeks to recover monetary damages attendant to the loss, destruction or theft of certain items of personal property allegedly resulting from the negligence of Department of Correctional Services employees at Oneida Correctional Facility.

By order dated August 4, 2000, Presiding Judge Susan Phillips Read granted claimant's application for a reduction of the filing fee required by Court of Claims Act § 11-a(1).

Claimant's application must be denied as he has failed in his affidavit to allege any facts from which the merits of his claim might be ascertained (CPLR § 1101(a); Matter of Teeter v Reed, 57 AD2d 735). Nor is there any proof that the motion was served upon a county attorney as required by the statute (CPLR § 1101(c)). Failure to serve a county attorney is, in itself, a basis for denial of the relief requested (Sebastiano v State of New York, 92 AD2d 966; Harris v State of New York, 100 Misc 2d 1015).


October 31, 2000
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:

  1. Application for waiver or reduction of filing fee/poor person relief dated July 16, 2000;
  2. Affidavit of Andre Waul in support of application for waiver or reduction of filing fee/poor person relief sworn to July 17, 2000;
  3. Order of Presiding Judge Susan Phillips Read dated August 4, 2000.