New York State Court of Claims

New York State Court of Claims
PACHECO v. THE STATE OF NEW YORK, # 2021-040-024, Claim No. 135422, Motion No. M-96662

Synopsis

Court OSC vacated. Claim was served upon Defendant.

Case information

UID: 2021-040-024
Claimant(s): HENRY PACHECO
Claimant short name: PACHECO
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 135422
Motion number(s): M-96662
Cross-motion number(s):
Judge: CHRISTOPHER J. McCARTHY
Claimant's attorney: SANTANA LAW FIRM
By: Jaime Santana, Jr., Esq.
Defendant's attorney: LETITIA JAMES
Attorney General of the State of New York
By: Charles Lim, Esq., AAG
Third-party defendant's attorney:
Signature date: June 30, 2021
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

By Order to Show Cause returnable June 23, 2021, 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 October 1, 2020. The State had not filed a verified answer to the Claim as of the date the Order to Show Cause was signed.

In response to the Order to Show Cause, Claimant's counsel submitted an affirmation and an affidavit of service indicating the Claim was personally served upon the office of the Attorney General in Albany, New York, on June 1, 2021 (Affirmation of Jamie Santana, Jr., Esq., 6).

Defendant submitted a letter from Assistant Attorney General Charles Lim, Esq. Mr. Lim acknowledges that the Claim was served upon the office of the Attorney General on June 1, 2021.

As Defendant has acknowledged that the Claim has been served upon it, the Order to Show Cause is vacated.

June 30, 2021

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 Claimant's Counsel

& Exhibits attached 2

Letter from Defense Counsel 3

Filed Papers: Claim