Claim dismissed, no service on defendant.
|Claimant short name:||ABREU|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Claimant's attorney:||CARLOS ABREU
|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|
|See also (multicaptioned case)|
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
Judge of the Court of Claims