Claim dismissed as Claimant failed to establish he served the Claim upon the Defendant as required by CCA.
|Claimant short name:||PLANTZ|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :||Caption amended to reflect the State of New York as the proper defendant.|
|Judge:||CHRISTOPHER J. McCARTHY|
|Claimant's attorney:||William Plantz, Pro Se|
|Defendant's attorney:||ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
By: William E. Arnold, IV, Esq., AAG
|Third-party defendant's attorney:|
|Signature date:||May 7, 2018|
|See also (multicaptioned case)|
By Order to Show Cause (hereinafter, "OSC") returnable April 11, 2018, the Court noted that Claimant may have failed to comply with the service requirements of Section 11 of the Court of Claims Act. The parties were ordered to submit a written statement relating to service of the Claim. The OSC 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 with the Clerk of the Court on October 16, 2017. The State did not file a verified answer to the Claim.
In response to the Court's order, Defendant submitted the Affidavit of Debra L. Mantell, a Legal Assistant II in the Albany Office of the Attorney General. Ms. Mantell attests that she is familiar with the electronic digital case management system of the Attorney General's office regarding notices of intention to file claims, claims, and motions, that are received from the Court of Claims or received in the Attorney General's office. She further attests that, upon her thorough search of the records of the New York State Attorney General's office, she found no record that a Notice of Intention to File a Claim and/or a Claim in this matter has been served on the Attorney General.
Defendant also submitted the Affidavit of Bonnie Cobb, a "Sec. II in the Utica Regional Office" of the Attorney General. Ms. Cobb attests that she is familiar with the record-keeping system of the Attorney General's office regarding petitions and claims that are served upon the Attorney General. She further attests that, upon her thorough search of the records of the Attorney General's Utica Regional Office, she found no record that a Claim in this matter has been served on the Attorney General.
In addition, in a letter to the Court, dated April 9, 2018, Assistant Attorney General William E. Arnold, IV , Esq., states that he received Claimant's response to the Court's OSC. Counsel asserts "[a]ttached to Claimant's response is a photocopy of the postage used by Claimant to file and serve his Claim. The postage, which indicates that the Claim was served on the St. Lawrence District Attorney's Office, establishes that the [Office of the Attorney General] was not properly served in this matter. Accordingly, it is respectfully submitted that this matter be dismissed for lack of personal jurisdiction."
The Court did not receive a copy of Claimant's above-referenced correspondence. Claimant did not submit any reply papers contradicting the State's statements.
Claimant has provided no proof of service of the Claim upon the State of New York.
Accordingly, it is:
ORDERED that this Claim is dismissed.
May 7, 2018
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
Letter from William E. Arnold, IV, Esq., Assistant
Attorney General & Exhibits attached 3