Court OSC vacated. Claim was served upon Defendant.
|Claimant short name:||DESANCTIS|
|Footnote (claimant name) :|
|Defendant(s):||STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||CHRISTOPHER J. McCARTHY|
|Claimant's attorney:||GOLDSTEIN & HANDWERKER, LLP
By: Steven Goldstein, Esq.
|Defendant's attorney:||LETITIA JAMES
Attorney General of the State of New York
By: Christina Calabrese, Esq., AAG
|Third-party defendant's attorney:|
|Signature date:||July 23, 2021|
|See also (multicaptioned case)|
By Order to Show Cause returnable July 14, 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 office of the Clerk of the Court on January 13, 2021. 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 submitted an Affidavit of Service indicating that the Claim was personally served upon the office of the Attorney General in New York City on February 18, 2021.
Defendant submitted a letter from Assistant Attorney General Christina Calabrese, Esq. Ms. Calabrese states that Defendant was personally served with the Claim on February 18, 2021 and that a Notice of Intention to File a Claim was served upon Defendant by certified mail, return receipt requested on September 10, 2020. The Court notes that the State's Verified Answer was filed in the office of the Clerk of the Court on May 4, 2021.
As both sides agree that the Claim has been served upon Defendant, the Order to Show Cause is vacated.
July 23, 2021
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
Affidavit of Service 2
Letter from Defense counsel 3
Filed Papers: Claim, Answer