New York State Court of Claims

New York State Court of Claims
T.V. v. THE STATE OF NEW YORK, # 2021-040-047, Claim No. 136308, Motion No. M-96985

Synopsis

Court OSC vacated. Claim was served upon Defendant.

Case information

UID: 2021-040-047
Claimant(s): T.V., an infant by his Mother and Natural Guardian, JENNIFER MCLEAN and JENNIFER MCLEAN, Individually
Claimant short name: T.V.
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 136308
Motion number(s): M-96985
Cross-motion number(s):
Judge: CHRISTOPHER J. McCARTHY
Claimant's attorney: FINKELSTEIN & PARTNERS, LLP
By: James W. Shuttleworth, III, Esq.
Defendant's attorney: No appearance
Third-party defendant's attorney:
Signature date: September 16, 2021
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

By Order to Show Cause returnable September 8, 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 April 29, 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 affirmation from James W. Shuttleworth, III, Esq., (hereinafter, "Shuttleworth Affirmation") stating that the Claim was served upon Brian Ginsberg, Assistant Solicitor General, at the Albany office of the Attorney General located at the Robert Abrams Building for Law and Justice on May 3, 2021 by Corey Doyle (Shuttleworth Affirmation, 3, and Affidavit of Service attached). Defendant has not responded to the Order to Show Cause.

As Claimant has established that the Claim has been served upon Defendant, the Order to Show Cause is vacated.

September 16, 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

Affirmation from Claimant's Counsel with Exhibits 2

Filed Papers: Claim