New York State Court of Claims

New York State Court of Claims
IRVIS v. *(DEFENDANT NOT STATED), # 2009-040-012, Claim No. 115436, Motion No. M-75849


Case information

UID: 2009-040-012
Claimant(s): BARRY IRVIS
Claimant short name: IRVIS
Footnote (claimant name) :
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 115436
Motion number(s): M-75849
Cross-motion number(s):
Claimant's attorney: Barry Irvis, Pro Se
Defendant's attorney: ANDREW M. CUOMO
Attorney General of the State of New York
By: Paul F. Cagino, Esq., AAG
Third-party defendant's attorney:
Signature date: January 23, 2009
City: Albany
Official citation:
Appellate results:
See also (multicaptioned case)


By Order to Show Cause returnable January 14, 2009, 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. Claimant submitted a letter response, with numerous exhibits attached, to the Order to Show Cause, however, he did not address the issue of service of 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 Lenore Perrott, 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. Claimant has provided no proof of service of the Claim.

Accordingly, it is:

ORDERED that this Claim is dismissed.

January 23, 2009

Albany, New York


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 from Claimant & Exhibits attached 4