New York State Court of Claims

New York State Court of Claims
HEMPHILL v. THE STATE OF NEW YORK, # 2010-015-162, Claim No. 117601, Motion No. M-78221

Synopsis

Motion for default judgment was denied as moot where claim was previously dismissed.

Case information

UID: 2010-015-162
Claimant(s): JOHN HEMPHILL
Claimant short name: HEMPHILL
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 117601
Motion number(s): M-78221
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: John Hemphill, Pro Se
Defendant's attorney: Honorable Andrew M. Cuomo, Attorney General
By: Joan Matalavage, Esquire
Assistant Attorney General
Third-party defendant's attorney:
Signature date: July 15, 2010
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant moves for a default judgment pursuant to CPLR 3215 (a) and (e). The instant claim (Claim No. 117601) was dismissed by Decision and Order of this Court dated June 21, 2010. The dismissal was based upon improper service of the claim and the notice of intention to file a claim by ordinary mail rather than certified mail, return receipt requested, or personal service as required (see Court of Claims Act 11 [a]). Accordingly, the instant motion (Motion No. M-78221) is denied as moot.

July 15, 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 May 4, 2010;

2. Unsworn "affidavit" of John Hemphill dated May 4, 2010;

3. Letter dated May 7, 2010 from Joan Matalavage.