New York State Court of Claims

New York State Court of Claims

FLOWERS v. THE STATE OF NEW YORK , #2004-030-553, Claim No. 103070, Motion No. M-68301


Synopsis



Case Information

UID:
2004-030-553
Claimant(s):
RICHARD FLOWERS The caption has been amended to reflect the only proper defendant.
Claimant short name:
FLOWERS
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption has been amended to reflect the only proper defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103070
Motion number(s):
M-68301
Cross-motion number(s):
Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
RICHARD FLOWERS, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, NEW YORK STATE ATTORNEY GENERALBY: MARY B. KAVANEY, ASSISTANT ATTORNEY GENERAL
Third-party defendant's attorney:

Signature date:
July 28, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 5, were read and considered on Claimant's motion


for "a Declaratory Judgment of Default"[1]:

1,2 Notice of Motion, Affidavit in Support of Motion by Richard Flowers, Claimant, dated April 12, 2004, and attached exhibits

  1. Affirmation in Opposition by Mary B. Kavaney, Assistant Attorney General, dated April 20, 2004, and attached exhibits
  1. Letter to Court by Richard Flowers, Claimant, dated April 30, 2004
5,6 Filed papers: Claim, Answer

After carefully considering the papers submitted and the applicable law the motion is disposed of as follows:

Richard Flowers, the Claimant herein, alleges in Claim Number 103070 that his property was lost through the negligence of Defendant's agents during his incarceration at Downstate Correctional Facility (hereafter Downstate). In the claim Mr. Flowers alleges that the loss occurred during his transfer from Rikers Island to Downstate on or about July 7, 2000 to July 16, 2000, and he served a Notice of Intention to File a Claim upon the Attorney General on or about September 8, 2000. The claim appears to have been served at about the same time and was filed with the Court on September 13, 2000. An Answer was served and filed on or about October 23, 2000. After a calendar call held on February 21, 2002, the claim was dismissed upon the Claimant's failure to appear. The claim was restored on or about October 23, 2003, and thereafter assigned to this Court.

In support of the present application, Claimant avers that the Defendant did not serve a responsive pleading. As is clearly shown in the file record, this is simply not the case.

Accordingly, Claimant's motion number M-68301 is in all respects denied.

July 28, 2004
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims




[1] The Court notes that Claimant appears to also discuss Claim Number 103264 and the purported lack of a responsive pleading by the State in connection with that claim in the letter he sent to the Court dated April 30, 2004. The present motion, however, refers only to Claim Number 103070 as an initial matter. Regardless, the court file for Claim Number 103264 also establishes that an Answer was served and filed by the State, and thus no default in connection with that claim is warranted either.