Opinion
# 2015-016-019 Claim No. 123420 Motion No. M-85306
04-17-2015
ELIJAH J. GUICHARDO, CARMEN C. GUICHARDO, ELIDO A. GUICHARDO and CARMEN R. YENTES PUESAN v. LAGUARDIA COMMUNITY COLLEGE, et al.
Elijah J. Guichardo, Pro Se; Carmen C. Guichardo, Pro Se; Elido A. Guichardo, Pro Se; and Carmen R. Yentes Puesan, Pro Se Eric T. Schneiderman, Attorney General By: Joseph L. Paterno, AAG
Synopsis
Case information
| UID: | 2015-016-019 |
| Claimant(s): | ELIJAH J. GUICHARDO, CARMEN C. GUICHARDO, ELIDO A. GUICHARDO and CARMEN R. YENTES PUESAN |
| Claimant short name: | GUICHARDO |
| Footnote (claimant name) : | |
| Defendant(s): | LAGUARDIA COMMUNITY COLLEGE, et al. |
|---|---|
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 123420 |
| Motion number(s): | M-85306 |
| Cross-motion number(s): | |
| Judge: | Alan C. Marin |
| Claimant's attorney: | Elijah J. Guichardo, Pro Se; Carmen C. Guichardo, Pro Se; Elido A. Guichardo, Pro Se; and Carmen R. Yentes Puesan, Pro Se |
| Defendant's attorney: | Eric T. Schneiderman, Attorney General By: Joseph L. Paterno, AAG |
| Third-party defendant's attorney: | |
| Signature date: | April 17, 2015 |
| City: | New York |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
This claim was filed with the Clerk of the Court on October 28, 2013. The Court's file contains no affidavit of service on the State of New York or any of the named defendants, nor has an answer or answers been filed. It thus appears that claimants have failed to serve the claim on the Attorney General of the State of New York, and to the extent that it is a proper defendant, the City University of New York, as required by sections 10 and 11 of the Court of Claims Act (the Act).
On June 18, 2014, the Court issued an Order to Show Cause why this claim should not be dismissed based on the Court of Claims' lack of jurisdiction because of lack of service as required by the Act.
On or about August 15, 2014, defendant submitted an affirmation indicating that the Attorney General was never served with the claim. Claimants subsequently sent a letter dated October 6, 2014 with attachments stating that "we request that our case be closed with you and the NY State Court of Claims . . ."
In view of the foregoing, having reviewed defendant State of New York's affirmation and claimants' letter, IT IS ORDERED that claim No. 123420 be dismissed.
April 17, 2015
New York, New York
Alan C. Marin
Judge of the Court of Claims