New York State Court of Claims

New York State Court of Claims

BOWEN v. AUTOMATE DEALER SYSTEMS, #2009-040-088, Claim No. 116829, Motion No. M-77114


Synopsis


Claim dismissed as Claimant failed to respond to Court’s Order to Show Cause. No proof that Claimant served Claim upon Attorney General as required by Court of Claims Act § 11.

Case Information

UID:
2009-040-088
Claimant(s):
CARL K. BOWEN
Claimant short name:
BOWEN
Footnote (claimant name) :

Defendant(s):
AUTOMATE DEALER SYSTEMS
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
116829
Motion number(s):
M-77114
Cross-motion number(s):

Judge:
CHRISTOPHER J. McCARTHY
Claimant’s attorney:
Carl K. Bowen, 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:
December 1, 2009
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

By Order to Show Cause returnable November 4, 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. The Order to Show Cause also stated that if the State “wishes to assert that the Claim was not served on the Attorney General, that statement should come from someone with personal knowledge of the contents of files and records of the Department of Law.”

The instant Claim was filed with the Clerk of the Court on May 11, 2009. The State did not file a verified answer to the Claim. Neither side submitted a response to the Court’s Order to Show Cause.

Claimant has provided no proof of service of the Claim upon the State of New York. In fact, from a review of his Claim and attached correspondence, he is not alleging a Claim against the State and he believed he was filing an action in small claims court against the named Defendant.

Accordingly, it is:

ORDERED that this Claim is dismissed.


December 1, 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