Court OSC vacated. Claim was served upon Defendant.
|Claimant(s):||T.V., an infant by his Mother and Natural Guardian, JENNIFER MCLEAN and JENNIFER MCLEAN, Individually|
|Claimant short name:||T.V.|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||CHRISTOPHER J. McCARTHY|
|Claimant's attorney:||FINKELSTEIN & PARTNERS, LLP
By: James W. Shuttleworth, III, Esq.
|Defendant's attorney:||No appearance|
|Third-party defendant's attorney:|
|Signature date:||September 16, 2021|
|See also (multicaptioned case)|
By Order to Show Cause returnable September 8, 2021, the Court noted that Claimant may have failed to comply with the service requirements of § 11 of the Court of Claims Act. The parties were ordered to submit a written statement relating to 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 Claim was filed in office of the Clerk of the Court on April 29, 2021. The State had not filed a verified answer to the Claim as of the date the Order to Show Cause was signed.
In response to the Order to Show Cause, Claimant submitted an affirmation from James W. Shuttleworth, III, Esq., (hereinafter, "Shuttleworth Affirmation") stating that the Claim was served upon Brian Ginsberg, Assistant Solicitor General, at the Albany office of the Attorney General located at the Robert Abrams Building for Law and Justice on May 3, 2021 by Corey Doyle (Shuttleworth Affirmation, ¶ 3, and Affidavit of Service attached). Defendant has not responded to the Order to Show Cause.
As Claimant has established that the Claim has been served upon Defendant, the Order to Show Cause is vacated.
September 16, 2021
Albany, New York
CHRISTOPHER J. McCARTHY
Judge of the Court of Claims
The following papers were read and considered by the Court:
Order to Show Cause 1
Affirmation from Claimant's Counsel with Exhibits 2
Filed Papers: Claim