New York State Court of Claims

New York State Court of Claims

WICKENS v. STATE OF NEW YORK, #2002-011-560, Claim No. 104680, Motion No. M-65147


Synopsis


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

Case Information

UID:
2002-011-560
Claimant(s):
ROBERT R. WICKENS, III, 00 B 1278 The court sua sponte amends the caption to reflect the only properly named defendant.
Claimant short name:
WICKENS
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :
The court sua sponte amends the caption to reflect the only properly named defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104680
Motion number(s):
M-65147
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Robert R. Wickens, III, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Saul Aronson, 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 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, the court concludes that the claim was not served as required by the Court of Claims Act §10. Accordingly, the court is without jurisdiction. The motion is granted and the claim is dismissed.


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 of Saul Aronson, Esq. dated April 30, 2002
3. Affidavit of Carol A. McKay sworn to the 4th day of April, 2002 with exhibit annexed