New York State Court of Claims

New York State Court of Claims
ESPINAL v. THE STATE OF NEW YORK, # 2019-040-062, Claim No. 131109, Motion No. M-93823

Synopsis

Court OSC re service. Defendant established it was not served with Claim. Claimant did not provide proof that he served Claim upon Defendant.

Case information

UID: 2019-040-062
Claimant(s): JONATHAN ESPINAL
Claimant short name: ESPINAL
Footnote (claimant name) : Caption amended to reflect Claimant's name only.
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 131109
Motion number(s): M-93823
Cross-motion number(s):
Judge: CHRISTOPHER J. McCARTHY
Claimant's attorney: Jonathan Espinal, Pro Se
Defendant's attorney: LETITIA JAMES
Attorney General of the State of New York
By: Glenn C. King, Esq., AAG
Third-party defendant's attorney:
Signature date: August 7, 2019
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

By Order to Show Cause returnable June 26, 2019, the Court noted that Claimant may have failed to comply with the service requirements of 11 of the Court of Claims Act. The parties were ordered to submit a written statement relating to service of the Claim. The Order to Show Cause 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 in the Office of the Clerk of the Court on March 9, 2018. 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 maintained by the Office of the Attorney General regarding notices of intention to file claims, claims, and motions that are received in the Attorney General's Office and all correspondence received from the Court of Claims. 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 Claim has been served on the Attorney General regarding an incident that accrued on January 7, 2018, however, Claimant did serve three separate Notices of Intention to File a Claim upon Defendant.

Claimant did not submit any papers contradicting the Defendant'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 7, 2019

Albany, New York

CHRISTOPHER J. McCARTHY

Judge of the Court of Claims

The following papers were read and considered by the Court:

Papers Numbered

Order to Show Cause 1

Affirmation from Glenn C. King, Esq.,

Assistant Attorney General, and

Exhibits Attached 2

Filed Papers: Claim