New York State Court of Claims

New York State Court of Claims

MUNGIN v. THE STATE OF NEW YORK, #2002-011-507, Claim No. 105072, Motion No. M-64256


Synopsis


Defendant's motion to dismiss the claim on the basis that it was not served within the time required by CCA§10 and was not served in a manner consistent with the requirement of CCA §11 is granted.

Case Information

UID:
2002-011-507
Claimant(s):
ADRIAN MUNGIN, 01 R 1853 The court sua sponte amends the caption to reflect the only properly named defendant.
Claimant short name:
MUNGIN
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):
105072
Motion number(s):
M-64256
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Adrian Mungin, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Eileen E. Bryant, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
January 11, 2002
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 served within the timerequired by Court of Claims Act §10 and was not served in a manner consistent with the requirement in Court of Claims Act §11. Claimant has not opposed the motion. Accordingly, the motion is granted and the claim is dismissed.

January 11, 2002
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated November 2, 2001
  2. Affirmation of Eileen E. Bryant, Esq. dated November 2, 2001 with exhibits annexed