New York State Court of Claims

New York State Court of Claims

BYRD v. THE STATE OF NEW YORK, #2001-011-611, Claim No. 102756, Motion No. M-64110


Synopsis


Defendant's motion to dismiss the claim on the basis that it was never served is granted.

Case Information

UID:
2001-011-611
Claimant(s):
SIDNEY BYRD, 99 B 1991
Claimant short name:
BYRD
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102756
Motion number(s):
M-64110
Cross-motion number(s):

Judge:
THOMAS J . McNAMARA
Claimant's attorney:
Sidney Byrd, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Belinda A. Wagner, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 26, 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 never served. In support of the motion defendant has provided an affidavit in which it is asserted that a search of the records maintained in the Albany office of the Attorney General did not disclose a claim served by claimant. In addition, claimant has not filed an affidavit of service as required by §206.5 of the Uniform Rules for the Court of Claims and Claimant has not opposed the motion. Accordingly, the motion is granted and the claim is dismissed.


November 26, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated October 2, 2001
  2. Affirmation in Support of Belinda A. Wagner, Esq. dated October 2, 2001 with exhibit annexed