Court OSC re: service. Claimant failed to establish that he served the Claim upon Defendant. Claim dismissed.
|Claimant(s):||TYLER S. MOON|
|Claimant short name:||MOON|
|Footnote (claimant name) :|
|Defendant(s):||N.Y.S POLICE, TROOPER JOSHUA PORCELL|
|Footnote (defendant name) :|
|Judge:||CHRISTOPHER J. McCARTHY|
|Claimant's attorney:||Tyler S. Moon, Pro Se|
|Defendant's attorney:||LETITIA JAMES
Attorney General of the State of New York
By: Glenn C. King, Esq., AAG
|Third-party defendant's attorney:|
|Signature date:||August 16, 2021|
|See also (multicaptioned case)|
By Order to Show Cause originally returnable June 23, 2021, and adjourned to July 28, 2021 at Claimant's request, 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 Claim was filed in the Clerk of the Court on July 23, 2020. The State did not file a verified answer to the Claim. In response to the Court's Order, Defendant submitted the Affidavit of Debra L. Mantell, a Legal Assistant II in the Albany Office of the Attorney General. Ms. Mantell attests that she is familiar with the digital case management system of the Attorney General's office regarding notices of intention to file claims, claims, and motions that are received from the Court of Claims or received in the Attorney General's office. She further attests that, upon a search of the records of the New York State Attorney General's office, no record was found that a Notice of Intention to File a Claim and/or a Claim in this matter has/have been served on the Attorney General.
After requesting an adjournment of the Motion, by letter dated June 11, 2021, which the Court granted, Claimant did not submit any papers in response to the Court's Order to Show Cause.
Claimant has provided no 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
Affirmation of Glenn C. King, Esq., Assistant
Attorney General, & Exhibit Attached 2
Claimant's Letter requesting adjournment 3
Filed Papers: Claim