New York State Court of Claims

New York State Court of Claims

HUTCHINSON v. STATE OF NEW YORK, #2009-018-028, Claim No. 113047, Motion No. M-76278


Synopsis


Dismissed on motion - failure to appear.

Case Information

UID:
2009-018-028
Claimant(s):
JOHN HUTCHINSON
1 1.The Court has sua sponte amended the caption to reflect the State of New York as the only proper Defendant.
Claimant short name:
HUTCHINSON
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :
The Court has sua sponte amended the caption to reflect the State of New York as the only proper Defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113047
Motion number(s):
M-76278
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant’s attorney:
JOHN HUTCHINSON, Pro Se
Defendant’s attorney:
ANDREW M. CUOMO
Attorney General of the State of New York
By: Bonnie Gail Levy, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
May 21, 2009
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

It having come to the attention of the Court that Claimant is no longer in the custody of the Defendant, and the Court having notified the parties by a letter dated April 1, 2009, addressed to the Claimant who was appearing pro se, at his last known address, Sing Sing Correctional Facility, 354 Hunter Street, Ossining, New York 10562-5442, and to the Office of the Attorney General; and the letter so advising the parties that an appearance before the Court for the conference was required, and failure to appear could result in a dismissal of the claim or a default judgment; and Assistant Attorney General Bonnie G. Levy, having appeared in person on behalf of the Defendant, and the Claimant not having appeared or contacted the Court in any way, and;

Defendant having also filed a motion seeking dismissal of the claim for lack of personal and subject matter jurisdiction with an affidavit of service upon Claimant. Claimant failed to submit any opposition to the motion.

The Court of Claims Act § 11(a)(i) requires that a claim be served upon the Attorney General either personally or by certified mail, return receipt requested. The failure to do so requires dismissal of the claim.

Here, Claimant’s failure to appear at the scheduled conference and failure to provide any proof of service of the claim requires this Court to grant Defendant’s motion and dismiss the claim. Accordingly, the claim is hereby DISMISSED with prejudice and the Clerk of the Court is directed to close the file.



May 21, 2009
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


Papers Considered:
  1. Notice of Motion
  2. Affirmation of Bonnie Gail Levy, Esquire, Assistant Attorney General, in support with
exhibits attached thereto.

  1. No response was received from the Claimant.