New York State Court of Claims

New York State Court of Claims

RANDOLPH v. THE STATE OF NEW YORK, #2004-030-606, Claim No. 109465, Motion No. M-69085


Synopsis



Case Information

UID:
2004-030-606
Claimant(s):
JOE RANDOLPH
Claimant short name:
RANDOLPH
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109465
Motion number(s):
M-69085
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
JOE RANDOLPH, 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:
December 20, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1 to 7 were read and considered on the Court's own motion, by Order to Show Cause, as to why the Claim herein should not be dismissed based upon a failure to comply with the verification requirements of Court of Claims Act §11(b):
  1. Order to Show Cause issued September 13, 2004
  2. Letter from Carol A. McKay, Office of the Attorney General dated June 10, 2004 returning unverified Claim to Claimant
  1. Verified Answer by Dewey Lee, Assistant Attorney General dated August 9, 2004
  1. Letter from Mary B. Kavaney, Assistant Attorney General dated September 17,
2004

  1. Affidavit of Cause by Joe Randolph, Claimant, sworn to November 1, 2004 with attachments
6-7 Filed papers: Claim; Answer (dated August 9, 2004)

After carefully considering the papers submitted and the pertinent law, the application is disposed of as follows:

Joe Randolph, the Claimant herein, alleges that Defendant's agents negligently or intentionally lost his property while he was in the custody of the New York State Department of Correctional Services. He originally served a Notice of Intention to file a Claim upon the Attorney General's Office on April 2, 2004 by certified mail, return receipt requested. Thereafter, he served an unverified Claim upon the Attorney General's Office on June 10, 2004, that was returned to him by letter that day.

On July 6, 2004 another copy of the Claim with verification was served upon the Attorney General's Office by certified mail, return receipt requested. [Affidavit of Cause by Joe Randolph, Exhibits B an C]. As noted by Claimant in his Affidavit, this copy was not rejected by Defendant, and, indeed, was answered by Dewey Lee, Assistant Attorney General on August 9, 2004.[1]

At this juncture, the Court is satisfied that a duly verified Claim has been properly served upon the Office of the Attorney General, and issue has been joined by service of a responsive pleading.

Accordingly, Claimant has shown cause why his Claim should not be dismissed and the motion to dismiss is therefore denied.

December 20, 2004
White Plains, New York

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




[1]In the meantime, Claimant brought a motion for poor person relief, that was denied by Decision and Order filed September 22, 2004. In the opposition to the motion, a different Assistant Attorney General indicated that the Claim had been rejected in June, 2004 pursuant to Civil Practice Law and Rules §3022, but did not make a cross-motion to dismiss.