New York State Court of Claims

New York State Court of Claims

DAVIS v. THE STATE OF NEW YORK, #2009-038-545, Claim No. 115964, Motion No. M-76612


Synopsis



Case Information

UID:
2009-038-545
Claimant(s):
VERLY DAVIS
Claimant short name:
DAVIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
115964
Motion number(s):
M-76612
Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
VERLY DAVIS, Pro se
Defendant’s attorney:
ANDREW M. CUOMO, Attorney General of the State of New York
By: Paul F. Cagino, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
May 27, 2009
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim was filed by claimant, pro se, on October 16, 2008. Defendant did not answer the claim and the Court’s review of the file revealed that claimant did not file an affidavit of service of the claim upon defendant. By Order to Show Cause filed May 1, 2009, claimant was directed to demonstrate why the claim should not be dismissed for lack of jurisdiction due to claimant’s failure to comply with the service requirements of Court of Claims Act § 11. Claimant has not responded to the Order to Show Cause. Counsel who is representing claimant on another identical claim states that a new claim has been filed, and that he has no objection to dismissal of the instant claim. The Court notes that counsel has not submitted a Notice of Appearance on the instant claim, and thus, his correspondence is given no weight. Defendant has responded to the Order to Show Cause with an affidavit demonstrating that the claim was not served upon the Attorney General. Thus, because claimant has not shown cause why the instant claim should not be dismissed,

NOW, upon reading the claim herein, filed October 16, 2008, the Order to Show Cause, filed May 1, 2009, Affirmation of Paul F. Cagino, AAG, dated May 8, 2009, the affidavit of Theresa M. Wowk, sworn to May 6, 2009, with Exhibit A, correspondence of Marc Shatkin, Esq., dated May 19, 2009, and upon the Court’s own motion, it is

ORDERED that Claim No. 115964 is DISMISSED. The Chief Clerk of the Court is directed to close the file.


May 27, 2009
Albany, New York

HON. W. BROOKS DEBOW
Judge of the Court of Claims