New York State Court of Claims

New York State Court of Claims

O’NEAL v. THE STATE OF NEW YORK, #2007-015-245, Claim No. 112354, Motion No. M-73815


Synopsis


Pro se inmate's unopposed motion for dismissal of defense alleging improper service was granted.

Case Information

UID:
2007-015-245
Claimant(s):
DAHMONI O'NEAL
Claimant short name:
O'NEAL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112354
Motion number(s):
M-73815
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Dahmoni O'Neal, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney GeneralNo Appearance
Third-party defendant’s attorney:

Signature date:
October 18, 2007
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant moves pro se for an order dismissing the defendant's fourth affirmative defense alleging improper service of the claim upon the Attorney General. The motion is granted without opposition. The claimant alleges that he was wrongfully confined for a period of four months and eighteen days as a result of an error in the computation of his sentence following a criminal conviction. In a prior order dated January 9, 2007 the Court denied the defendant's motion to dismiss the claim for failure to serve the Attorney General as premature. The order also denied the claimant's motion for late claim relief as unnecessary.

No opposition to this motion having been submitted, the motion is granted and the defendant's fourth affirmative defense is dismissed.


October 18, 2007
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion filed August 6, 2007;
  2. Letter from Dahmoni O'neal, undated.