New York State Court of Claims

New York State Court of Claims

BROOKS v. THE STATE OF NEW YORK, #2008-045-021, Claim No. 114092, Motion No. M-74625


Synopsis


inmate motion to file a late claim, defendant states it was not served with the motion.

Case Information

UID:
2008-045-021
Claimant(s):
ERIC D. BROOKS
Claimant short name:
BROOKS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114092
Motion number(s):
M-74625
Cross-motion number(s):

Judge:
GINA M. LOPEZ-SUMMA
Claimant’s attorney:
Eric D. Brooks, Pro Se
Defendant’s attorney:
Hon. Andrew M. Cuomo, Attorney GeneralBy: Roberto Barbosa, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
May 13, 2008
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered by the Court on this motion: Claimant’s Notice of Motion, Claimant’s Affidavit in Support and Defendant’s letter dated May 8, 2008. Claimant, Eric D. Brooks, a pro se inmate, has brought this motion seeking an order granting permission to file a late claim in this matter pursuant to Court of Claims Act § 10(6). Defendant, the State of New York, has stated in a letter dated May 8, 2008 that it was never served with claimant’s motion.

At the outset, the Court notes that claimant’s affidavit of service attached to his motion refers to papers identified as “REPLY ENUMERATED 1-10; Along with Motion to dismiss defendant’s Summary Judgment Claim.” Claimant’s affidavit of service does not properly list his motion papers as being served on defendant in this matter. Additionally, defendant has denied being served with the present motion. Consequently, the Court is compelled to determine that claimant’s motion papers were not properly served on defendant.

Therefore, for the foregoing reasons, claimant’s motion is denied.

May 13, 2008
Hauppauge, New York

HON. GINA M. LOPEZ-SUMMA
Judge of the Court of Claims