New York State Court of Claims

New York State Court of Claims

BROWN v. THE STATE OF NEW YORK , #2004-030-607, Claim Nos. 102416, 102417, 102418, Motion No. M-69210


Synopsis



Case Information

UID:
2004-030-607
Claimant(s):
JOHN BROWN a/k/a TRUDELL GREEN a/k/a JOE REED
Claimant short name:
BROWN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102416, 102417, 102418
Motion number(s):
M-69210
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
JOHN BROWN, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, NEW YORK STATE ATTORNEY GENERAL
BY: MARY B. KAVANEY, ASSISTANT ATTORNEY GENERAL
Third-party defendant's attorney:

Signature date:
December 21, 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 marked fully submitted on November 10, 2004:
1,2 Notice of Motion, Statements by John Brown (Notarized) and attachments
3,4 Notice of Motion to Dismiss (sic); Affirmation by Mary B. Kavaney, Assistant Attorney General and attachments

  1. Daily Report dated March 12, 2004
This appears to be an attempt by Claimant to restore three Claims that were dismissed on March 12, 2004, when Claimant failed to establish that the Defendant had been properly served. Because the Court, therefore, did not have jurisdiction over the claims, they were dismissed. Court of Claims Act §§10 and 11.
Although the papers submitted by Claimant are largely incomprehensible, it appears that no new information concerning service of the Claims or other rationale is presented to warrant vacatur of the dismissal of the Claims.

Accordingly, Claimant's motion number M-69210 to restore Claim numbers 102416, 102417 and 102418 is in all respects denied.

December 21, 2004
White Plains, New York

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