New York State Court of Claims

New York State Court of Claims
JOHNSON v. THE STATE OF NEW YORK, # 2018-015-163, Claim No. 129653, Motion No. M-92405

Synopsis

Defendant's dismissal motion was not served on the claimant at his most recent address and was therefore denied.

Case information

UID: 2018-015-163
Claimant(s): RAUWSHAN JOHNSON, 11B1703
Claimant short name: JOHNSON
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 129653
Motion number(s): M-92405
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Rauwshan Johnson, Pro Se
Defendant's attorney: Honorable Barbara D. Underwood, Attorney General
By: Michael T. Krenrich, Esq., Assistant Attorney General
Third-party defendant's attorney:
Signature date: September 17, 2018
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Defendant moves to dismiss the instant claim pursuant to CPLR 3211 (a) (2), (7) and (8) on the grounds it was untimely served under Court of Claims Act 10 (9) and that the notice of intention to file a claim and the claim itself fail to meet the pleading requirements of Court of Claims Act 11 (b).

By letter dated April 26, 2018 claimant notified the Court and defense counsel that effective June 10, 2018 his new address would be 405 East 105 St., Harlem, New York 10029. However, on June 11, 2018 defense counsel served its dismissal motion on the claimant at Franklin Correctional Facility.

Accordingly, the motion is denied with leave to renew once service on the claimant is properly effected.

September 17, 2018

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

  1. Notice of motion, dated June 11, 2018;
  2. Affirmation in support, dated June 11, 2018, with Exhibits A - C;
  3. Letter from claimant, dated April 26, 2018.