New York State Court of Claims

New York State Court of Claims

GLOVER v. THE STATE OF NEW YORK, #2002-016-043, Claim No. 105530, Motion No. M-64693


Synopsis


Motion to dismiss claim on the grounds that it is illegible was denied.

Case Information

UID:
2002-016-043
Claimant(s):
ANTHONY P. GLOVER
Claimant short name:
GLOVER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105530
Motion number(s):
M-64693
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Anthony P. Glover
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Mary B. Kavaney, AAG
Third-party defendant's attorney:

Signature date:
May 7, 2002
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is defendant's motion to dismiss on the grounds that it "is unable to read any portion of the claim . . ." In his claim, Glover asserts that he was defamed by correction officers at Otisville Correctional Facility. Defendant apparently takes issue with the carbon copy of the claim served on it, which is slightly blurry (see exhibit 1 to the February 6, 2002 affirmation of Mary B. Kavaney). A review of the claim and the notice of intention in this case reveals that they are virtually identical. Defendant concedes that it was served with the notice of intention and does not complain of its legibility. Having reviewed such notice of intention should have facilitated defendant's review of the claim. In any event, I find that the copy of the claim served on defendant is sufficiently legible.

Accordingly, having reviewed the parties' submissions,[1] IT IS ORDERED that motion no. M-64693 be denied.

May 7, 2002
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




[1]The following were reviewed: defendant's notice of motion with affirmation in support and exhibits 1-2; and claimant's affidavit in opposition.