New York State Court of Claims

New York State Court of Claims

GELISH v. QUEENS COUNTY CRIMINAL COURT OF THE CITY OF NEW YORK 125-01 QUEENS BLVD. KEW GARDENS, NY 11415, #2008-016-021, Claim No. 114033, Motion No. M-74695


Synopsis


Court denied motion to reinstate claim dismissed because of improper service by regular mail.

Case Information

UID:
2008-016-021
Claimant(s):
STEVEN W. GELISH
Claimant short name:
GELISH
Footnote (claimant name) :

Defendant(s):
QUEENS COUNTY CRIMINAL COURT OF THE CITY OF NEW YORK 125-01 QUEENS BLVD. KEW GARDENS, NY 11415
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114033
Motion number(s):
M-74695
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Steven W. Gelish, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Gwendolyn Hatcher, Esq., AAG
Third-party defendant’s attorney:

Signature date:
May 12, 2008
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant Steven Gelish moves for an order reinstating claim no. 114033. Such claim, which alleges that Mr. Gelish was incarcerated for “71 extra days” at Rikers Island, was dismissed in a November 9, 2007 Decision and Order on motion no. M-74015. The basis for the dismissal was that the claim had been improperly served by regular mail, a method of service which is insufficient to obtain jurisdiction. See Court of Claims Act §11.a.

On this motion, claimant has submitted no authority which would warrant vacating the previous order or reinstating the claim. Accordingly, having reviewed the submissions[1], IT IS ORDERED that motion no. M-74695 be denied.



May 12, 2008
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The following were reviewed: claimant’s notice of motion with “Affidavit Substantiating Claim #114033"; and defendant’s affirmation in opposition.