New York State Court of Claims

New York State Court of Claims

POWELL v. STATE OF NEW YORK, #2009-040-001, Claim No. 115350, Motion No. M-75499


Synopsis


Court’s Order to Show Cause vacated as Claimant established he served Claim on Attorney General.

Case Information

UID:
2009-040-001
Claimant(s):
JABBAR K. POWELL
1 1.Caption amended to reflect the State of New York as the proper defendant.
Claimant short name:
POWELL
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :
Caption amended to reflect the State of New York as the proper defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
115350
Motion number(s):
M-75499
Cross-motion number(s):

Judge:
CHRISTOPHER J. MCCARTHY
Claimant’s attorney:
Jabbar K. Powell, Pro Se
Defendant’s attorney:
ANDREW M. CUOMO
Attorney General of the State of New YorkBy: Paul F. Cagino, Esq., AAG
Third-party defendant’s attorney:

Signature date:
January 14, 2009
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

By Order to Show Cause returnable November 12, 2008, the Court noted that Claimant may have failed to comply with the service requirements of § 11 of the Court of Claims Act. Claimant was ordered to submit a written statement evidencing proper service of the Claim.

The instant Claim was filed with the Clerk of the Court on June 9, 2008. The State did not file a verified answer to the Claim. In response to the Order to Show Cause, Defendant submitted an Affirmation from Assistant Attorney General Paul F. Cagino and an Affidavit of Janet A. Barringer, a Senior Clerk in the Albany Office of the Attorney General (Ex. 1 attached to Defendant’s Reply to Order to Show Cause), stating that, upon her thorough search of the records of the New York State Attorney General’s office, she found no record that a Claim in this matter has been served on the Attorney General. She further states that a report detailing “each and every document/letter that has been received by or served upon the defendant in reference to this claimant” is attached to her affidavit as Exhibit A.

In response, Claimant has provided a copy of a U.S. Postal Service Certified Mail Receipt showing that a document was received by the Attorney General on October 6, 2008 and a letter from Mr. Powell stating that the document served was the Claim.

As Claimant has provided proof of service of the Claim, the Order to Show Cause is vacated.



January 14, 2009
Albany, New York

HON. CHRISTOPHER J. MCCARTHY
Judge of the Court of Claims


The following papers were read and considered by the Court:

Papers Numbered

Order to Show Cause 1

Claim 2


Affirmation of Assistant Attorney General
& Exhibits attached 3

Letter and attachments 4