New York State Court of Claims

New York State Court of Claims

HEGGS v. THE STATE OF NEW YORK, #2005-032-010, Claim No. 106039, Motion No. M-69501


Synopsis



Case Information

UID:
2005-032-010
Claimant(s):
LORD HEGGS
Claimant short name:
HEGGS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106039
Motion number(s):
M-69501
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant's attorney:
Lord Heggs, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Paul F. Cagino, Assistant Attorney General, Of Counsel
Third-party defendant's attorney:

Signature date:
February 17, 2005
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant moves this Court pursuant to CPLR 3216 for an order dismissing claimant's action for failure to prosecute. Though unopposed, defendant's motion must be denied.


At the time that claimant commenced this claim, he was incarcerated in a State correctional facility. Pursuant to 22 NYCRR 206.12, the filing of a note of issue and certificate of readiness is not required in prisoner pro se claims. Given that claimant was in the custody of a State facility when defendant served him with a demand to file a note of issue within 90 days of receipt, claimant was not required to take any action.[1] The Court has subsequently been notified of claimant's release. As such, defendant may now renew its demand.

Accordingly, defendant's motion is denied.



February 17, 2005
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims


The following papers were considered on defendant's motion:


1. Notice of Motion to Dismiss;

2. Affirmation of Paul F. Cagino, Esq., dated December 8, 2004; Exhibits A-B annexed;

Filed papers: Claim; Answer




[1]In August 2004, defendant sent the 90-day demand by certified mail, return receipt requested, to a State facility housing claimant, where it was apparently signed for on his behalf.