New York State Court of Claims

New York State Court of Claims

EDDY v. NEW YORK STATE DEPT. OF ENVIRONMENTAL CONSERVATION AND CORINTH POLICE DEPT., #2007-038-551, Claim No. 113102, Motion No. M-73460


Synopsis



Case Information

UID:
2007-038-551
Claimant(s):
DANIEL EDDY
Claimant short name:
EDDY
Footnote (claimant name) :

Defendant(s):
NEW YORK STATE DEPT. OF ENVIRONMENTAL CONSERVATION AND CORINTH POLICE DEPT.
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113102
Motion number(s):
M-73460
Cross-motion number(s):

Judge:
W. BROOKS DEBOW
Claimant’s attorney:
No appearance
Defendant’s attorney:
ANDREW M. CUOMO, Attorney General of the State of New York
By: Paul F. Cagino, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
July 18, 2007
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim was filed on December 14, 2006. 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 May 31, 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. Claimant has not submitted papers in response to the Order to Show Cause. Defendant has submitted papers in support of dismissal of the claim, and has also filed an answer.

NOW, upon reading the claim herein, filed on December 14, 2006, the Order to Show Cause, filed May 31, 2007, and proof of service of the Order to Show Cause, and upon the Reply to the Order to Show Cause of Paul F. Cagino, AAG, dated June 6, 2007, and the affidavit of Janet A. Barringer, sworn to June 5, 2007, with exhibits A-B, and upon the Court’s own motion, it is

ORDERED that Claim No. 113102 is DISMISSED. The Chief Clerk of the Court is directed to close the file.


July 18, 2007
Albany, New York

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