New York State Court of Claims

New York State Court of Claims

THOMPSON v. TEMPORARY and DISABILITY ASSISTANCE; GEORGE E. PATAKI; ROBERT DOAR, COMMISSIONER, #2007-038-539, Claim No. 109811, Motion No. M-73168


Synopsis


Claim dismissed on Court’s own motion on jurisdictional grounds. Claimant did not file affidavit of service of claim upon the Attorney General (Court of Claims Act § 11), and did not respond to order to show cause.

Case Information

UID:
2007-038-539
Claimant(s):
PETER THOMPSON
Claimant short name:
THOMPSON
Footnote (claimant name) :

Defendant(s):
TEMPORARY and DISABILITY ASSISTANCE; GEORGE E. PATAKI; ROBERT DOAR, COMMISSIONER
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109811
Motion number(s):
M-73168
Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
Peter Thompson, Pro se
Defendant’s attorney:
No appearance
Third-party defendant’s attorney:

Signature date:
June 7, 2007
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

This claim was filed on September 7, 2004. Defendants 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 defendants. By Order to Show Cause filed April 10, 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 claimant’s release from the correctional facility that was his last known address. Claimant has not submitted papers in response to the Order to Show Cause.

NOW, upon reading the claim herein, filed on September 7, 2004, the Order to Show Cause, filed April 10, 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. 109811 is DISMISSED. The Chief Clerk of the Court is directed to close the file.


June 7, 2007
Albany, New York

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