New York State Court of Claims

New York State Court of Claims

GUTHRIE v. THE STATE OF NEW YORK, #2001-01-569, Claim No. 99536, Motion No. M-63548


Synopsis


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

Case Information

UID:
2001-01-569
Claimant(s):
JOHN GUTHRIE
Claimant short name:
GUTHRIE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99536
Motion number(s):
M-63548
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
John Guthrie, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Eileen E. Bryant, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 1, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Defendant has moved to dismiss the claim on the ground that it was not served.

In an affidavit by Carol McKay, a Senior Clerk in the Attorney General's office, she aversshe is familiar with the record keeping system of that office as it concerns claims against the State. She also states that she made a through 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 in the absence of an affidavit of service, the court concludes that the claim was not served as required by the Court of Claims Act §11. Accordingly, the court is without jurisdiction. The motion is granted and the claim is dismissed.

August 1, 2001
Saratoga Springs, New York

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


  1. Notice of Motion dated May 18, 2001
  2. Affirmation in Support of Eileen E. Bryant, Esq. dated May 18, 2001 with exhibits annexed