New York State Court of Claims

New York State Court of Claims
ABREU v. THE STATE OF NEW YORK, # 2017-054-030, Claim No. 127091, Motion No. M-90965

Synopsis

Claim dismissed, no service on defendant.

Case information

UID: 2017-054-030
Claimant(s): CARLOS ABREU
Claimant short name: ABREU
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 127091
Motion number(s): M-90965
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: CARLOS ABREU
Pro Se
Defendant's attorney: HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
By: Mark Sweeney, Assistant Attorney General
Third-party defendant's attorney:
Signature date: December 15, 2017
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The following papers were read and considered by the Court on defendant's unopposed motion to dismiss:

Notice of Motion, Attorney's Supporting Affirmation and Exhibits

Defendant moves to dismiss the claim on the ground that defendant was never served with a copy of the claim.

Claimant filed Claim No. 127091 with the Court on November 20, 2015.

Defendant submits an affidavit sworn to on August 23, 2017 by Debra L. Mantell, a Legal Assistant II in the office of the Attorney General, to support defendant's motion to dismiss (Ex. B). Mantell affirmed that she searched defendant's digital case management system and did not find any record of receipt of either a notice of intention to file a claim or a copy of the claim (id.).

The Court finds that defendant has offered sufficient proof to support its motion to establish that defendant was not served with either a notice of intention to file a claim or a copy of the claim. Claimant has not submitted any opposition to the motion. Accordingly, the Court finds that the Court lacks jurisdiction over the claim due to claimant's failure to timely serve defendant with either a notice of intention to file a claim or a copy of the claim as required by Court of Claims Act 11 (a) (i).

Defendant's motion to dismiss is GRANTED and the claim is dismissed.

December 15, 2017

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims