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
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.