New York State Court of Claims

New York State Court of Claims

RIVERA v. THE STATE OF NEW YORK, #2001-027-568, Claim No. 103525, Motion No. M-63131


Synopsis


Pro Se default motion.

Case Information

UID:
2001-027-568
Claimant(s):
FELIBERTO RIVERA, JR.
Claimant short name:
RIVERA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103525
Motion number(s):
M-63131
Cross-motion number(s):

Judge:
ALTON R. WALDON, JR.
Claimant's attorney:
Feliberto Rivera, Jr., Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney GeneralBy: Mary B. Kavaney, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
June 11, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were reviewed by the Court on this motion: Claimant's Notice of Motion, Claimant's Affidavit in Support, Claimant's Response and Defendant's Affirmation in Opposition and annexed Exhibits 1-5. Claimant, Feliberto Rivera, Jr., a pro se inmate, is seeking an order pursuant to Civil Practice Law and Rules(CPLR) § 3215 granting default judgment in his favor due to the failure of defendant, the State of New York, to respond to his Claim within 20 days as required by CPLR § 320(a).

Claimant filed his Claim on December 13, 2000 in accordance with the provisions set forth in this Court's order allowing the filing of a late Claim. Claimant attached a notarized Affidavit of Service to his filed Claim which is dated December 6, 2000 and states that his Claim was served upon the Attorney General's Office at 235 Main Street, 3rd Floor, Poughkeepsie, New York, 12601. However, claimant fails to indicate the method of service and has not submitted a copy of the return receipt, "green card," evidencing that his Claim was served upon the Attorney General by certified mail. Defendant did not file nor serve an Answer in response to the Claim and on February 22, 2001 the present motion was filed. Defendant has stated that it was never served with a Claim in this matter and has provided an Affidavit in Support of this position from Catherine Naveed, a clerk in the New York City Office of the Attorney General. In it she states that she conducted a search of the computer filing system of the Office of the Attorney General, Claims Bureau and that there is no record of a Claim being served on the Attorney General in this matter. Additionally, she contacted all the Assistant Attorneys General in the New York City, Suffolk County, Westchester County and Dutchess County offices and they had not received any documents relating to this case. Consequently, the Court finds that claimant is not entitled to a default judgment in this matter.

Therefore, for the foregoing reasons, claimant's motion is denied.

Additionally, it appears from the submitted proof herein that claimant has not properly served his Claim upon defendant. It is also hereby ordered that unless claimant submits to the Court competent proof of service of his Claim upon defendant in the form of the certified mail receipt within 30 days of the filing date of this order the Claim will be dismissed without further order of the Court.



June 11, 2001
New York, New York

HON. ALTON R. WALDON, JR.
Judge of the Court of Claims