New York State Court of Claims

New York State Court of Claims

LEIGH v. THE STATE OF NEW YORK, #2002-011-559, Claim No. 104776, Motion No. M-65139


Synopsis


Defendant's motion for an extension of time within to file and serve the answer is granted.

Case Information

UID:
2002-011-559
Claimant(s):
KENNETH LEIGH
Claimant short name:
LEIGH
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104776
Motion number(s):
M-65139
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Kenneth Leigh, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Kevan J. Acton, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
July 29, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant has moved for an extension of time within which to serve the answer.

CPLR 2004 provides that the court may upon good cause shown extend the time fixed by any statute, rule or order for doing any act and the application for such an extension may be made before or after the expiration of the time fixed.

The claim in this matter was filed in August 2001 and defendant was to serve and file an answer within 40 days of service of the claim upon it (Uniform Rules for the Court of Claims §206.7). However, due to mishandling of the claim, no answer was filed and served. Despite the passage of time, it does not appear that the delay has prejudiced claimant in his ability to prosecute the claim. Accordingly, the motion is granted and the time for defendant to serve and file the answer is extended to fifteen days after service upon it of a copy of this decision and order with notice of its entry.


July 29, 2002
Saratoga Springs, New York

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



Papers Submitted:

1. Notice of Motion dated April 30, 2002
2. Affirmation in Support dated April 30, 2002
3. Proposed Verified Answer dated April 30, 2002
4. Unsworn Response of Kenneth Leigh dated May 9, 2002