New York State Court of Claims

New York State Court of Claims

DAVIS v. SUPERINTENDENT THOMAS L. RICKS, #2002-011-579, Claim No. 103484, Motion No. M-65243


Synopsis


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

Case Information

UID:
2002-011-579
Claimant(s):
RAYMOND DAVIS
Claimant short name:
DAVIS
Footnote (claimant name) :

Defendant(s):
SUPERINTENDENT THOMAS L. RICKS
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103484
Motion number(s):
M-65243
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Raymond Davis, 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:
September 10, 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 Janet Barringer, a 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 notice of intention and 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. Barringer, 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.


September 10, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Notice of Motion dated May 17, 2002
2. Affirmation in Support of Glenn C. King, Esq. dated May 17, 2002 with exhibits annexed
3. Affidavit of Janet Barringer sworn to the 23rd day of April, 2002 with exhibits annexed