New York State Court of Claims

New York State Court of Claims
SHARIFIPOUR v. STATE OF NEW YORK, # 2021-015-083, Claim No. 136347, Motion No. M-97039

Synopsis

Pro se claimant's motion for entry of a default judgment was denied.

Case information

UID: 2021-015-083
Claimant(s): FARDIN SHARIFIPOUR
Claimant short name: SHARIFIPOUR
Footnote (claimant name) :
Defendant(s): STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 136347
Motion number(s): M-97039
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Fardin Sharifipour, Pro Se
Defendant's attorney: No Appearance
Third-party defendant's attorney:
Signature date: August 30, 2021
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, a pro se inmate, moves for entry of a default judgment.

The instant claim alleging the loss of personal property entrusted to prison staff was allegedly served by certified mail, return receipt on May 17, 2021 (see certified return receipt card attached to claimant's motion).(2) Claimant contends in support of his motion that the defendant's answer is a nullity because it failed to include the assigned claim number and therefore could not have been filed in the Clerk's Office.

The papers filed with respect to this claim include the defendant's answer, which was timely served and filed in the Office of the Chief Clerk of the Court of Claims on June 17, 2021 (22 NYCRR 206.7 [a]). While the applicable rule requires that the Judge's name as well as the claim number be affixed to every paper tendered for filing in the Clerk's office (22 NYCRR 206.5 [b]), the requirement is not a jurisdictional one and therefore does not serve as a basis for entry of a default judgment.

Accordingly, claimant's motion is denied.

August 30, 2021

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

1. Notice of Motion dated June 30, 2021;

2. Affidavit in support sworn to July 3, 2021, with Exhibits A and B.


2. Service of a claim by certified mail, return receipt requested is complete upon receipt in the Office of the Attorney General (Court of Claims Act 11 [a] [i]).