Court's OSC re service. Defendant established Claim was not served upon Defendant as required by the Court of Claims Act. Claim dismissed.
|Claimant short name:||E.A.N. HOLDINGS|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||CHRISTOPHER J. McCARTHY|
|Claimant's attorney:||E.A.N. Holdings|
|Defendant's attorney:||BARBARA D. UNDERWOOD
Attorney General of the State of New York
By: Paul F. Cagino, Esq., AAG
|Third-party defendant's attorney:|
|Signature date:||August 3, 2018|
|See also (multicaptioned case)|
By Order to Show Cause (hereinafter, "OSC") returnable June 13, 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 office of the Clerk of the Court on December 8, 2016. 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 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 a search of the records of the New York State Attorney General's office, no record was found that a Notice of Intention to File a Claim and/or a Claim in this matter has been served on the Attorney General.
Claimant did not submit any 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.
August 3, 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
Affirmation of Paul F. Cagino, Esq., Assistant
Attorney General, & Exhibit Attached 2