New York State Court of Claims

New York State Court of Claims

DAVIS v. THE STATE OF NEW YORK, #2008-015-033, Claim No. 114479, Motion No. M-74723


Synopsis


Claimant's motion to compel discovery was denied where proof of service of the motion was defective.

Case Information

UID:
2008-015-033
Claimant(s):
SAMUEL DAVIS
Claimant short name:
DAVIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114479
Motion number(s):
M-74723
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Samuel Davis, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney GeneralNo Appearance
Third-party defendant’s attorney:

Signature date:
April 30, 2008
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant moves to compel discovery. Although defendant submitted no opposition to the motion, review of the motion papers reveals that the claimant’s purported “affidavit” of service was not notarized. Inasmuch as the Uniform Rules for the Court of Claims (22 NYCRR § 206.9 [b]) require that a motion be filed in the Clerk’s office with proof of service, and the proof of service here was defective, the claimant’s motion is denied.


April 30, 2008
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated March 9, 2008;
  2. Unsworn "affidavit" of Samuel Davis dated March 9, 2008.