New York State Court of Claims

New York State Court of Claims

MITCHELL v. THE STATE OF NEW YORK, #2008-040-061, Claim No. 114814, Motion No. M-75262


Synopsis


OSC issued by Court regarding service of Claim vacated, as pro se Claimant established Claim was served.

Case Information

UID:
2008-040-061
Claimant(s):
CLIFFORD MITCHELL
1 1.Caption amended to reflect the State of New York as the proper defendant.
Claimant short name:
MITCHELL
Footnote (claimant name) :

Defendant(s):
THE 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):
114814
Motion number(s):
M-75262
Cross-motion number(s):

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

Signature date:
October 6, 2008
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

By Order to Show Cause returnable September 24, 2008, 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 11, 2008.


In response to the Order to Show Cause, Claimant has submitted proof that, on July 3, 2008, a Claim was served by certified mail, return receipt requested on the Attorney General. Defendant filed a Verified Answer with the Clerk of the Court on July 21, 2008.

As Claimant has provided proof of service of the Claim, the Order to Show Cause is vacated.


October 6, 2008
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


Statement Relating to Service of the Claim
from Claimant 3