Defendant's dismissal motion was not served on the claimant at his most recent address and was therefore denied.
|Claimant(s):||RAUWSHAN JOHNSON, 11B1703|
|Claimant short name:||JOHNSON|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|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|
|See also (multicaptioned case)|
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