Motion for default judgment was denied as moot where claim was previously dismissed.
|Claimant short name:||HEMPHILL|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|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|
|See also (multicaptioned case)|
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.