New York State Court of Claims

New York State Court of Claims

VANZANDT v. NEW YORK STATE, DEPT. OF PAROLE, P.O. KATE LANGLEY, P.O. JAMES MILLER, #2007-038-513, Claim No. 110564, Motion No. M-72847


Synopsis



Case Information

UID:
2007-038-513
Claimant(s):
SEAN VANZANDT, #01-A-6728
Claimant short name:
VANZANDT
Footnote (claimant name) :

Defendant(s):
NEW YORK STATE, DEPT. OF PAROLE, P.O. KATE LANGLEY, P.O. JAMES MILLER
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110564
Motion number(s):
M-72847
Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
Sean VanZandt, Pro Se
Defendant’s attorney:
ANDREW M. CUOMO, Attorney General of the State of New York
By: Eileen Bryant, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
March 21, 2007
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim was filed on February 25, 2005. Defendant did not answer the claim and the Court’s review of the file revealed that claimant did not file an affidavit of service of the claim upon defendant. By Order to Show Cause filed January 19, 2007, claimant was directed to demonstrate why the claim should not be dismissed for lack of jurisdiction due to claimant’s failure to comply with the service requirements of Court of Claims Act § 11. The Order to Show Cause was served upon claimant by first class mail in accordance with the directives of that order. Said mail has been returned to the Court as undeliverable due to the expiration of a forwarding address, and claimant has not submitted papers in response to the Order to Show Cause. NOW, upon reading the claim herein, filed on February 25, 2005, the Order to Show Cause, filed January 19, 2007, and proof of service and return of the Order to Show Cause, and upon the Court’s own motion, it is

ORDERED that Claim No. 110564 is DISMISSED. The Chief Clerk of the Court is directed to close the file.


March 21, 2007
Albany, New York

HON. W. BROOKS DEBOW
Judge of the Court of Claims