New York State Court of Claims

New York State Court of Claims

TUCKER v. STATE OF NEW YORK, #2007-040-034, Claim No. 111981, Motion No. M-73216


Synopsis


Claim dismissed for failure to serve Defendant.

Case Information

UID:
2007-040-034
Claimant(s):
MR. CORNELIUS TUCKER
1 1.Caption amended to reflect the State of New York as the proper defendant.
Claimant short name:
TUCKER
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :
Caption amended to reflect the State of New York as the proper defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111981
Motion number(s):
M-73216
Cross-motion number(s):

Judge:
CHRISTOPHER J. McCARTHY
Claimant’s attorney:
Cornelius Tucker, Pro Se
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney General of the State of New YorkBy: Paul F. Cagino, Esq., AAG
Third-party defendant’s attorney:

Signature date:
July 5, 2007
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

By Order to Show Cause returnable June 18, 2007, the Court noted that Claimant may have failed to comply with the service requirements of § 11 of the Court of Claims Act. Claimant was ordered to submit a written statement evidencing proper service of the Claim. The instant Claim was filed with the Clerk of the Court on February 14, 2006.

In response to the Order to Show Cause, Claimant has submitted correspondence wherein he seeks “less stringent filing standards”, a “default judgment” and an order for discovery. The Court of Claims Act sets forth the procedure for commencing an action in the Court of Claims and this Court has no authority to amend that procedure. Regarding Claimant’s requests for a default judgment and for discovery, the requests are denied as Claimant has failed to submit any proof that the Claim was served upon the Defendant in the manner prescribed by the Court of Claims Act.

In addition, in response to the Court’s Order to Show Cause, Defendant submitted an Affidavit of Janet A. Barringer, a Senior Clerk in the Albany Office of the Attorney General (Ex. 1 attached to Defendant’s Reply to Order to Show Cause), stating that, upon her thorough search of the records of the New York State Attorney General’s office, she found no record that a Claim in this matter has been served on the Attorney General. As stated above, Claimant has provided no proof of service of the Claim.

Accordingly, it is


ORDERED that this Claim is dismissed.


July 5, 2007
Albany, New York

HON. CHRISTOPHER J. MCCARTHY
Judge of the Court of Claims


The following papers were read and considered by the Court:

Papers Numbered:

Order to Show Cause 1

Claim 2

Correspondence from Mr. Tucker 3


Defendant’s Reply to Order to Show
Cause and Exhibits attached 4