New York State Court of Claims

New York State Court of Claims

SCHULTZ v. THE STATE OF NEW YORK, #2009-033-355, Claim No. 105850, Motion No. M-76151


Synopsis



Case Information

UID:
2009-033-355
Claimant(s):
JAMES N. SCHULTZ
Claimant short name:
SCHULTZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105850
Motion number(s):
M-76151
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Thomas T. McVann, Jr., Esq.
Defendant’s attorney:
Andrew M. Cuomo, New York State Attorney GeneralBy: J. Gardner Ryan, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
September 21, 2009
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim by James N. Schultz (hereinafter “claimant”) for the appropriation of property. The claim alleges that on April 5, 1999, the New York State Department of Environmental Conservation made a determination which disallowed claimant to erect a one family house on his property. The claim was filed April 3, 2002.


Defendant moves to dismiss the case for failure to state a cause of action and seeks summary judgment[1].

Claimant submits no opposition to the instant motion.

Based upon the foregoing, the claim is dismissed without opposition.


September 21, 2009
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1].The following papers were read and considered on defendant’s motion: Notice of Motion to Dismiss dated January 8, 2009 and filed January 12, 2009; Affirmation of J. Gardner Ryan, Esq. with annexed Exhibits 1-5 dated January 8, 2009 and filed January 12, 2009.