New York State Court of Claims

New York State Court of Claims

LEBRON v. THE STATE OF NEW YORK, #2002-011-539, Claim No. 102796, Motion No. M-64917


Synopsis


Defendant's motion to dismiss the claim on the ground that it was not served is granted.

Case Information

UID:
2002-011-539
Claimant(s):
ARNOLD LEBRON
Claimant short name:
LEBRON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102796
Motion number(s):
M-64917
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Arnold Lebron, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Glenn C. King, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
May 15, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant has moved to dismiss the claim on the ground that it was not served. In an affidavit by Carol McKay, a senior clerk in the Attorney General's office, she avers that she is familiar with the record keeping system of that office as it concerns claims against the State. She also states that she made a thorough search of the records and found only a letter from this court to Claimant acknowledging receipt of the claim. She did not find any record of the claim in this matter. In addition, Claimant has not opposed the motion.

Based upon the affidavit by Ms. McKay and inasmuch as the affidavit of service establishes only filing with the clerk of the court, the court concludes that the claim was not served as required by the Court of Claims Act §11. Accordingly, the court is without jurisdiction. The motion is granted and the claim is dismissed.


May 15, 2002
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated March 21, 2002
  2. Affirmation in Support of Glenn C. King, Esq. dated March 21, 2002 with exhibit annexed
  3. Affidavit of Carol A. McKay sworn to the 19th day of March, 2002 with exhibit annexed
  4. Affidavit in Opposition to Defendant's Motion to Dismiss dated April 10, 2002 not considered since untimely served