New York State Court of Claims

New York State Court of Claims

PETTUS v. THE STATE OF NEW YORK, #2008-015-102, Claim No. 115454, Motion No. M-75446


Synopsis


Claimant's motion for default judgment was denied as frivolous.

Case Information

UID:
2008-015-102
Claimant(s):
JAMES PETTUS
Claimant short name:
PETTUS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
115454
Motion number(s):
M-75446
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
James Pettus, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Saul Aronson, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
December 8, 2008
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate proceeding pro se, moves for a default judgment arising out of the defendant's alleged failure to timely serve its answer. Claimant failed to establish in support of his motion the date the claim was served or that the defendant failed to timely answer the claim. Claimant's purported "Affidavit/Affirmation" is not notarized and no affidavit of service of the claim was submitted in support of the motion nor filed with the Clerk of the Court of Claims as required (see 22 NYCRR 206.5 [a]). Moreover, defendant established in opposition to the motion that an answer was timely served (see defendant's Exhibit A; 22 NYCRR § 206.7 [a]). The claimant is warned that the Court considers this motion frivolous and sanctions will be imposed for such conduct in the future.

The motion is denied.


December 8, 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 August 20, 2008;
  2. Unsworn "Affidavit/Affirmation" dated August 20, 2008;
  3. Affirmation of Saul Aronson dated September 12, 2008 with exhibits.