New York State Court of Claims

New York State Court of Claims

BALLARD v. THE STATE OF NEW YORK, #2001-014-545, Claim No. 103649, Motion No. M-63109


Synopsis



Case Information

UID:
2001-014-545
Claimant(s):
TYRONE BALLARD
Claimant short name:
BALLARD
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103649
Motion number(s):
M-63109
Cross-motion number(s):

Judge:
S. Michael Nadel
Claimant's attorney:
Pro se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy Susan J. Pogoda, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
June 12, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on the defendant's motion to dismiss the claim: Notice of Motion, Affirmation in Support and Exhibit annexed.


The defendant moves to dismiss on the ground that the Court lacks jurisdiction because the claim was served by regular mail.

The defendant has failed to make a prima facie showing of entitlement to the relief requested. The assertion by counsel for the defendant, in an affirmation, that the claim was served by regular mail is not stated upon personal knowledge or otherwise supported by unequivocal documentary evidence. CPLR 3211(c); Alvarez v Prospect Hospital, 68 NY2d 320, 324-325; Zuckerman v City of New York, 49 NY2d 557, 563; Juarez v Wavecrest Mgt Team, 88 NY2d 628, 648.

For the foregoing reason, the defendant's motion is denied.


June 12, 2001
New York, New York

HON. S. MICHAEL NADEL
Judge of the Court of Claims