New York State Court of Claims

New York State Court of Claims

McCULLOUGH v. STATE OF NEW YORK, #2006-014-505, Claim No. 109488, Motion No. M-70897


Synopsis


Motion for default is denied.

Case Information

UID:
2006-014-505
Claimant(s):
DERRICK McCULLOUGH
Claimant short name:
McCULLOUGH
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109488
Motion number(s):
M-70897
Cross-motion number(s):

Judge:
S. Michael Nadel
Claimant’s attorney:
Pro se
Defendant’s attorney:
No appearance
Third-party defendant’s attorney:

Signature date:
March 28, 2006
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on the claimant’s motion for a default: Notice of Motion, Affidavit in Support.

The claimant has moved for a default, on the ground that no answer was served to his claim. The Court’s file includes a copy of a verified answer to the claim, to which is attached an affidavit of service indicating the answer was mailed to the claimant at the address given by him in the claim, on a date within 40 days of the date of the claim. It also appears from the Court’s file that the address of the claimant, who is and was in the custody of the defendant, has changed since then, according to the address he included on his papers in support of this motion. Although an affidavit of service upon the defendant is included with claimant’s motion papers, the Court’s file includes a letter from an Assistant Attorney General to the Chief Clerk, in which it is stated that the Attorney General has not been served with this motion.

Under the circumstances, the claimant’s motion is denied. The Attorney General is directed to ascertain the correct current mailing address of the claimant, who remains in the defendant’s custody, and to serve him with a copy of the answer to the claim and a copy of this Order.


March 28, 2006
New York, New York

HON. S. MICHAEL NADEL
Judge of the Court of Claims