New York State Court of Claims

New York State Court of Claims
DESANCTIS v. STATE OF NEW YORK, # 2021-040-028, Claim No. 135838, Motion No. M-96664

Synopsis

Court OSC vacated. Claim was served upon Defendant.

Case information

UID: 2021-040-028
Claimant(s): NICHOLAS DESANCTIS
Claimant short name: DESANCTIS
Footnote (claimant name) :
Defendant(s): STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 135838
Motion number(s): M-96664
Cross-motion number(s):
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
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

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:

Papers Numbered

Order to Show Cause 1

Affidavit of Service 2

Letter from Defense counsel 3

Filed Papers: Claim, Answer