New York State Court of Claims

New York State Court of Claims

COX v. THE STATE OF NEW YORK, #2001-011-536, Claim No. 94683, Motion No. M-63015


Synopsis


Defendant's motion to dismiss on the basis that the State is immune from liability is denied without prejudice as claimant is appearing pro se and motion was not served upon him.

Case Information

UID:
2001-011-536
Claimant(s):
ALLEN COX
Claimant short name:
COX
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
94683
Motion number(s):
M-63015
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Allen Cox, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Paul F. Cagino, Esq., Assistant Attorney General)
Third-party defendant's attorney:

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

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Defendant has moved to dismiss the claim on the basis that the State is immune from liabilityfor the acts alleged in the claim.

The notice of motion and supporting papers were served on an attorney who in a letter to defendant dated December 7, 2000 indicated that his office was representing claimant in this action. The claim, however, was filed by claimant appearing pro se and the attorney has not filed a notice of appearance in the matter. Inasmuch as the records maintained by the court indicate that claimant is appearing pro se and because the motion was not served upon him, the motion is dismissed without prejudice.

May 1, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated January 18, 2001
  2. Affirmation of Paul F. Cagino, Esq. dated January 18, 2001 with exhibits annexed