New York State Court of Claims

New York State Court of Claims

RAMIREZ v. THE STATE OF NEW YORK, #2002-028-046, Claim No. 105701, Motion No. M-65711


Synopsis


Court's Order to Show Cause - Court directed parties to address Claimant's apparent failure to comply with the service requirements of Court of Claims Act section 11. Defendant acknowledged service and has answered. Court's order to show cause is vacated.

Case Information

UID:
2002-028-046
Claimant(s):
CARLOS RAMIREZ
Claimant short name:
RAMIREZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105701
Motion number(s):
M-65711
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
CARLOS RAMIREZ, pro se
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Kevan J. Acton, Esq. Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 29, 2002
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers were read on the Court's motion, brought on by Order to Show Cause, for clarification from the parties regarding service of this claim.

1. Order to Show Cause, filed on July 29, 2002;

2. Affirmation of Assistant Attorney General Kevan J. Acton, filed August 2, 2002 (Acton Affirmation)

3. Response from Claimant: NONE.

Filed papers: Claim, filed March 6, 2002; Amended Claim filed July 17, 2002;

Answer filed August 7, 2002.

On March 6, 2002, a claim was filed with the Court seeking damages for injuries sustained by Claimant while incarcerated and under the care and custody of the Department of Correctional Services. The Claim was assigned Claim No. 105701.

On July 15, 2002, a review of the file revealed that Defendant had never filed an

answer to the Claim and, consequently, the Court issued an Order to Show Cause directing both parties to provide statements relating to service of this Claim. In the interim, Claimant filed an Amended Claim.

Claimant has not responded to the Order to Show Cause, which in the ordinary course of events would result in the dismissal of the Claim as neither the Claim nor the Amended Claim is accompanied by an Affidavit of Service. However, the Attorney General has responded and acknowledged that the Claim was served upon that office on July 11, 2002, four months after the filing with the Court, a fact which explains the lack of an answer in the Court's file at the time of review. The Attorney General has also interposed an Answer on behalf of the Defendant.

In light of the foregoing, the Court hereby vacates its Order to Show Cause.

The Court will conduct a preliminary conference on October 1, 2002 at 12:30 p.m. in Courtroom 2, Justice Building, Empire State Plaza, Albany, New York. Personal Appearances are required.

August 29, 2002
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims