New York State Court of Claims

New York State Court of Claims

CALDWELL v. STATE OF NEW YORK, #2004-018-292, Claim No. NONE, Motion No. M-67893


Synopsis


Case Information

UID:
2004-018-292
Claimant(s):
JOHNNY S. CALDWELL
Claimant short name:
CALDWELL
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-67893
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
JOHNNY S. CALDWELLPro Se
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: TIMOTHY P. MULVEY, ESQUIREAssistant Attorney General
Third-party defendant's attorney:

Signature date:
March 24, 2004
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant filed a Notice of Motion, dated January 7, 2004, with the Court. There is no

request for relief, and no supporting affidavits have been provided. Claimant attached a copy of a certified mail receipt showing that something was sent certified mail to the Attorney General's Office in Albany on September 22, 2003. There is also a letter from Stephanie C. Weiss, an Administrative Assistant with the Attorney General's office confirming that a notice of intention was received by certified mail, return receipt requested on November 12, 2003. An affidavit of service is also attached purporting to have served a copy of the Notice of Motion upon the Attorney General on September 22, and November 9, 2003. However, a letter was received from Assistant Attorney General Timothy Mulvey dated January 29, 2004, advising that no papers, pleadings, or correspondence were received concerning this matter.

As claimant has not requested any relief in the Notice of Motion, has not supplied any supporting documents, and failed to serve a copy of the Notice of Motion upon defendant, the Court hereby dismisses the motion.


March 24, 2004
Syracuse, New York

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