New York State Court of Claims

New York State Court of Claims

RUSSO v. THE STATE OF NEW YORK, #2007-016-043, Claim No. 110803, Motion No. M-73768


Synopsis


Motion for default judgment was denied.

Case Information

UID:
2007-016-043
Claimant(s):
JOSEPH RUSSO
Claimant short name:
RUSSO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110803
Motion number(s):
M-73768
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Joseph Russo, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Geoffrey B. Rossi, Esq., AAG
Third-party defendant’s attorney:

Signature date:
October 3, 2007
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant Joseph Russo moves for a default judgment on the ground that defendant “has never served an answer” to his claim, in which he alleges that he was wrongfully confined in the Special Housing Unit at Woodbourne Correctional Facility. Mr. Russo’s claim was filed with the Clerk of the Court on April 25, 2005, and claimant does not dispute defendant’s assertion that the State was served with the claim on March 31, 2005. Defendant filed its answer on May 9, 2005 and, as is pointed out in the State’s opposition papers, such answer contains an affidavit of service stating that claimant was served with the answer on May 4, 2005, i.e., in compliance with §206.7(a) of the Uniform Rules for the Court of Claims. Claimant submitted no reply papers disputing such assertion.

In view of the foregoing, having reviewed the submissions[1], IT IS ORDERED that motion no. M-73768 be denied.


October 3, 2007
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The Court reviewed claimant’s notice of motion with affidavit in support and undesignated exhibits; and defendant’s affirmation in opposition.