Court OSC re service. Defendant established it was not served with Claim. Claimant did not provide proof that he served Claim upon Defendant.
|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) :|
|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|
|See also (multicaptioned case)|
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:
Order to Show Cause 1
Affirmation from Glenn C. King, Esq.,
Assistant Attorney General, and
Exhibits Attached 2
Filed Papers: Claim