New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2005-030-517, Claim No. 109298, Motion No. M-69565


Synopsis



Case Information

UID:
2005-030-517
Claimant(s):
SHAWN GREEN
Claimant short name:
GREEN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109298
Motion number(s):
M-69565
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
SHAWN GREEN, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, NEW YORK STATE ATTORNEY GENERALBY: J. GARDNER RYAN, ASSISTANT ATTORNEY GENERAL
Third-party defendant's attorney:

Signature date:
March 31, 2005
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1 to 6 were read and considered on Claimant's Motion


[M-69565] to renew brought pursuant to Civil Practice Law and Rules §2221(a) and (e):

1,2 Notice of Motion; "Affirmation" by Shawn Green, Claimant, sworn to December 21, 2004 with attachment

  1. Affirmation by J. Gardner Ryan, Assistant Attorney General, dated January 24, 2005
4-6 Filed Papers: Claim, Answer; Decision and Order, Green v State of New York, Claim No. 109298, Motion Nos. M-69009, M-69010, CM-69043 (Scuccimarra, J. November 23, 2004), and underlying papers

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

A renewal motion asks the Court to consider new facts not previously offered that would change the earlier determination, or a change in the law that would change the prior determination. Civil Practice Law and Rules §2221(e). With respect to new facts, however, the motion should contain "reasonable justification for the failure to present such facts on the prior motion." Civil Practice Law and Rules §2221(e)(3).

Claimant argues that his Claim should not have been dismissed for jurisdictional reasons because although he did not serve it upon the Attorney General by certified mail, return receipt requested, [Court of Claims Act §§10 and 11], he served the claim by the alternative means provided for personal service under Civil Practice Law and Rules §312-a. He has attached a copy of an undated "Statement of Service by Mail" that he has signed, as well as a blank "Acknowledgement of Receipt of Service by Mail" form.

As pointed out in the Affirmation submitted by the Assistant Attorney General - and even assuming this method of personal service is available in the Court of Claims[1] - to be complete service pursuant to Civil Practice Law and Rules §312-a requires a properly signed acknowledgment of receipt sent to or received by a Claimant. Claimant avers only that he served the Claim pursuant to Civil Practice Law and Rules §312-a.

Additionally, the papers submitted - including as they do additional facts not included on the prior motion - do not present any rationale for the failure to present such information earlier, nor would such information have changed the Court's decision in any event.

Accordingly, Claimant's motion to renew [M-69565] is in all respects denied.

March 31, 2005
White Plains, New York

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




[1] See Court of Claims Act §11(a)(i) "...Personal service upon the attorney general shall be made in the same manner as described in section three hundred seven of the civil practice law and rules." See also Civil Practice Law and Rules §307(1) "Personal service upon the state shall be made by delivering the summons to an assistant attorney-general at an office of the attorney-general or to the attorney-general within the state."