New York State Court of Claims

New York State Court of Claims

CLIFF v. THE STATE OF NEW YORK, #2001-011-593, Claim No. 104457, Motion No. M-63792


Synopsis


Defendant's motion to dismiss the claim on the basis that it was not timely served, barred by Statute of Limitations and fails to state a cause of action is granted.

Case Information

UID:
2001-011-593
Claimant(s):
JAMES E. CLIFF The court sua sponte amends the caption to reflect the only properly named defendant.
Claimant short name:
CLIFF
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The court sua sponte amends the caption to reflect the only properly named defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104457
Motion number(s):
M-63792
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
James E. Cliff, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Dennis M. Acton, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 25, 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 it was not timely served, isbarred by the Statute of Limitations and fails to state a cause of action. In addition, defendant contends that the court lacks jurisdiction of the "constitutional" claims alleged in the claim.

Claimant has not opposed the motion. In the absence of opposition, the motion is granted and the claim is dismissed.

October 25, 2001
Saratoga Springs, New York

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


Papers Submitted:

  1. Notice of Motion dated July 11, 2001
  2. Affidavit in Support of Dennis M. Acton, Esq. sworn to the 11th day of July, 2001