New York State Court of Claims

New York State Court of Claims
JAWORSKI v. STATE OF NEW YORK, # 2020-015-045, Claim No. 126922, Motion No. M-95361

Synopsis

Defendant's dismissal motion was denied as moot since the claim was previously dismissed for failure to prosecute.

Case information

UID: 2020-015-045
Claimant(s): RAYMOND JAWORSKI
Claimant short name: JAWORSKI
Footnote (claimant name) :
Defendant(s): STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 126922
Motion number(s): M-95361
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: No Appearance
Defendant's attorney: Honorable Letitia James, Attorney General
By: Thomas Trace, Esq., Associate Attorney
Third-party defendant's attorney:
Signature date: May 6, 2020
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Defendant moves to dismiss claim number 126922, filed on October 26, 2015, on the ground it was improperly served by regular mail and not one of the methods of service prescribed by Court of Claims Act 11.

The claim was dismissed by Decision and Order dated February 14, 2020 (filed Mar. 11, 2020) for failure to prosecute pursuant to CPLR 3216 and Court of Claims Act 19 (3).

Accordingly, the defendant's motion is denied as academic.

May 6, 2020

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

1. Notice of motion dated February 27, 2020;

2. Affirmation dated February 27, 2020, with Exhibits A-C.