New York State Court of Claims

New York State Court of Claims

LoRUSSO v. THE STATE OF NEW YORK, #2002-011-549, Claim No. 103563, Motion No. M-64881


Synopsis


Defendant's motion to dismiss the claim on the basis that it was not timely served and fails to state a cause of action is granted.

Case Information

UID:
2002-011-549
Claimant(s):
JOSEPH LoRUSSO
Claimant short name:
LoRUSSO
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103563
Motion number(s):
M-64881
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Joseph LoRusso, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Kathleen M. Resnick, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
June 10, 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 timely served and

fails to state a cause of action. Claimant has not opposed the motion and in the absence of opposition the motion is granted and the claim is dismissed.


June 10, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Notice of Motion dated March 18, 2002
2. Affirmation in Support of Kathleen M. Resnick, Esq. dated March 18, 2002 with exhibits annexed