New York State Court of Claims

New York State Court of Claims

BROWN v. THE STATE OF NEW YORK, #2002-011-544, Claim No. 103232, Motion No. M-64912


Synopsis


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

Case Information

UID:
2002-011-544
Claimant(s):
FRANK BROWN
Claimant short name:
BROWN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103232
Motion number(s):
M-64912
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Frank Brown, 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 22, 2002
  2. Affirmation in Support of Glenn C. King, Esq. dated March 22, 2002 with exhibit annexed
  3. Affidavit of Carol A. McKay sworn to the 21st day of March, 2002 with exhibit annexed