Motion for late claim relief denied, without prejudice, as there was no proof of service.
|Claimant short name:||LAKES|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :||The caption is amended sua sponte to reflect the only properly named defendant.|
|Judge:||FRANCIS T. COLLINS|
|Claimant's attorney:||Kevin Lakes, Pro Se|
|Defendant's attorney:||Honorable Andrew M. Cuomo, Attorney General
By: Paul F. Cagino, Esquire
Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||March 1, 2010|
|See also (multicaptioned case)|
Movant, Kevin Lakes, moves for permission to file a late claim pursuant to Court of Claims Act § 10 (6). The respondent opposes the motion on the ground that it was not served with a copy of the motion. In this regard, respondent submitted the affidavit of Janet Barringer in which she avers that she performed a search of the records of the Attorney General's office and found no record that a motion to late file a claim was served. Inasmuch as the affidavit of service attached to the motion indicates that a Notice of Claim was served upon the Attorney General, not a motion to late file a claim, the Court is constrained to deny the motion without prejudice. Movant may re-file and serve a motion to late file a claim and is advised to attach a proposed claim, and not a notice of intention to file a claim.
March 1, 2010
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims
The Court considered the following papers:
1. Notice of motion dated October 9, 2009;
2. Affidavit of Kevin Lakes sworn to October 9, 2009 with exhibit;
3. Affirmation of Paul Cagino dated November 12, 2009;
4. Affidavit of Janet A. Barringer sworn to November 4, 2009.