New York State Court of Claims

New York State Court of Claims

DAVIDSON v. THE STATE OF NEW YORK, #2002-011-553, Claim No. 105494, Motion No. M-64857


Synopsis


Claimant's motion for default judgment on the basis that the answer was not timely served is denied.

Case Information

UID:
2002-011-553
Claimant(s):
CHESTER DAVIDSON
Claimant short name:
DAVIDSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105494
Motion number(s):
M-64857
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Chester Davidson, 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:
June 17, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved for a default judgment on the basis that the answer was not timely

served.

Under the Uniform Rules for the Court of Claims §206.7 a responsive pleading, such as an answer, is to be served within 40 days of service of the pleading to which it responds. The claim was served on January 23, 2002; the day it was received by defendant (Court of Claims Act §11). The answer was served on March 4, 2002; the day it was mailed by defendant (CPLR 2103[b][2][c]). March 4, 2002 was the 39th day after January 23, 2002. The answer, therefore, was timely served and accordingly, the motion is denied.


June 17, 2002
Saratoga Springs, New York

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



Papers Submitted:

1. Notice of Motion dated March 7, 2002

2. Affidavit in Support verified on the 7th day of March, 2002
3. Affirmation in Opposition of Eileen E. Bryant, Esq., dated April 10, 2002 with exhibits annexed
4. Unsworn Reply to Opposition of Chester Davidson dated April 15, 2002