New York State Court of Claims

New York State Court of Claims

WELDON v. THE STATE OF NEW YORK, #2009-030-547, Claim No. 116857, Motion No. M-76888


Synopsis


Claim with improper verification dismissed per order to show cause issued by Court. Duplicate claim still open.

Case Information

UID:
2009-030-547
Claimant(s):
SEAN WELDON and PATRICIA WELDON
Claimant short name:
WELDON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
116857
Motion number(s):
M-76888
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant’s attorney:
SEGAN, NEMEROV & SINGER, P.C.BY: JEFFREY A. NEMEROV, ESQ.
Defendant’s attorney:
HON. ANDREW M. CUOMO, NEW YORK STATE ATTORNEY GENERAL
Third-party defendant’s attorney:

Signature date:
August 10, 2009
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers were read and considered on the disposition of the Court’s Order to


Show Cause submitted August 5, 2009:

  1. Order to Show Cause issued June 29, 2009
2-4 Filed papers: Claim Number 116857; Claim Number 116900 and Answer

As an initial matter, the Court is satisfied that claimants were duly served through counsel of record with a copy of the Order to Show Cause issued by the Court.

The claim at issue was filed on May 14, 2009. No answer to Claim number 116857 was served or filed. From the Court’s review of the claim files for Claim number 116857 and Claim number 116900 - both assigned to the undersigned - it appeared that claimants failed to comply with the verification requirements of §11(b) of the Court of Claims Act with regard to Claim number 116857, and that thereafter a duplicate claim was served on the Attorney General’s Office. When the duplicate claim was filed in the Office of the Chief Clerk of the Court of Claims it was given Claim Number 116900. Claim number 116900 appears to comply with Court of Claims Act §11(b), at least as to the verification requirements. Indeed, issue has been joined with respect to Claim Number 116900, by service upon claimant of an answer.

No papers have been submitted with regard to the present Order to Show Cause to show why claim number 116857 should not be dismissed. Claim number 116900 remains on the Court’s docket, subject to whatever defenses have been raised.

Accordingly, Claim number 116857 is hereby DISMISSED, and the Clerk of the Court is directed to close the file.

August 10, 2009
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims