Court OSC re: service. Claimant failed to establish that she served Claim upon Defendant. Claim dismissed.
|Claimant short name:||MANGIR|
|Footnote (claimant name) :||Caption amended to reflect Claimant's name only.|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :||Caption amended to reflect the State of New York as the proper defendant.|
|Judge:||CHRISTOPHER J. McCARTHY|
|Claimant's attorney:||Ursula Mangir, Pro Se|
|Defendant's attorney:||No Appearance|
|Third-party defendant's attorney:|
|Signature date:||August 16, 2021|
|See also (multicaptioned case)|
By Order to Show Cause returnable July 28, 2021, the Court noted that Claimant may have failed to comply with the service requirements of Section 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 wished "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 instant Claim was filed in the office of the Clerk of the Court on January 28, 2021. The State did not file a verified answer to the Claim.
In response to the Order to Show Cause, Claimant submitted a two-page Response to the Order to Show Cause, a seven-page "Statement of Claim" summarizing the facts, with voluminous Exhibits attached. One of those attachments was a document labeled "Notice of Claim" dated January 27, 2021. Attached to that document are two Affidavits of Service which indicate that Ms. Mangir served Judge Elizabeth Walsh, Joseph R. Williams, and Douglas Broda on May 14, 2021. In addition, on March 1, 2021, Claimant filed an Affidavit of Service in the office of the Clerk of the Court indicating that, on January 28, 2021, she faxed the Claim " by facsimile transmission" to 518- 432-3428 and 866-413-1069. The first number is the facsimile telephone number for one of the Judges of this Court and the latter number is the filing by facsimile number for the office of the Clerk of the Court. However, Claimant has not submitted any documentation to establish that Office of the Attorney General was served with the Claim as required by Court of Claims Act § 11. Defendant has not responded to the Order to Show Cause.
Claimant has not provided any proof of service of the Claim upon the State of New York.
Accordingly, it is:
ORDERED that this Claim is dismissed.
August 16, 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
Claimant's Response & Exhibits attached 2
Filed Papers: Claim