New York State Court of Claims

New York State Court of Claims

DEAN v. STATE OF NEW YORK, #2004-018-279, Claim No. NONE, Motion No. M-67527


Synopsis


Case Information

UID:
2004-018-279
Claimant(s):
TODD GLENN DEAN
Claimant short name:
DEAN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-67527
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
TODD GLENN DEANPro Se
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: HEATHER R. RUBINSTEIN, ESQUIREAssistant Attorney General
Third-party defendant's attorney:

Signature date:
January 28, 2004
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Movant brings a motion for permission to file a late claim pursuant to Court of Claims

Act §10(6). Defendant has submitted a letter advising that it was never served with a copy of the motion papers.

Attached to movant's submitted motion documents is an affidavit of service. The affidavit of service is incomplete. It does not specify what was served upon the Attorney General. As a result, movant has failed to show that he served a copy of the motion documents upon defendant.

Accordingly, the Court DENIES, movant's motion without prejudice to refiling the motion documents with the Clerk of the Court with a proper affidavit of service after a copy of the motion papers has been served upon the Attorney General.


January 28, 2004
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims



The Court has considered the following documents in deciding this motion:


Notice of Motion with supporting papers...............................................................1


Letter dated December 15, 2003, from Heather R. Rubinstein, Esquire,

Assistant Attorney General.........................................................................2