New York State Court of Claims

New York State Court of Claims
POZO v. THE STATE OF NEW YORK, # 2021-040-037, Claim No. 136035, Motion No. M-96792

Synopsis

Court OSC vacated. Claim was served upon Defendant.

Case information

UID: 2021-040-037
Claimant(s): JERRY POZO
Claimant short name: POZO
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 136035
Motion number(s): M-96792
Cross-motion number(s):
Judge: CHRISTOPHER J. McCARTHY
Claimant's attorney: TRACIE A. SUNDACK & ASSOCIATES, L.L.C.
By: Albert Pizzirusso, Esq.
Defendant's attorney: LETITIA JAMES
Attorney General of the State of New York
By: Michael T. Krenrich, Esq., AAG
Third-party defendant's attorney:
Signature date: August 17, 2021
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

By Order to Show Cause returnable July 28, 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 February 24, 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 a letter from Albert Pizzirusso, Esq., stating that he personally served the Claim upon John Healey, Esq., Assistant Attorney General in the Westchester Regional Office of the Attorney General, on April 28, 2021.

In addition, the Court notes that the State's Verified Answer was filed in the office of the Clerk of the Court on June 15, 2021.

As both sides agree that the Claim has been served upon Defendant, the Order to Show Cause is vacated.

August 17, 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

Letter from Claimant's Counsel with Exhibits 2

Filed Papers: Claim, Verified Answer