Opinion
# 2017-045-036 Claim No. 126098 Motion No. M-90778
08-15-2017
ROBERT MC CALLA v. THE STATE OF NEW YORK
Robert Mc Calla, Pro Se Hon. Eric T. Schneiderman, Attorney General By: Heather R.Rubinstein, Assistant Attorney General
Synopsis
Case information
| UID: | 2017-045-036 |
| Claimant(s): | ROBERT MC CALLA |
| Claimant short name: | MC CALLA |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 126098 |
| Motion number(s): | M-90778 |
| Cross-motion number(s): | |
| Judge: | Gina M. Lopez-Summa |
| Claimant's attorney: | Robert Mc Calla, Pro Se |
| Defendant's attorney: | Hon. Eric T. Schneiderman, Attorney General By: Heather R.Rubinstein, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | August 15, 2017 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The following papers were read and considered by the Court on this motion: Defendant's Notice of Motion; Defendant's Affirmation in Support with annexed Exhibit A and the filed claim.
Claimant, Robert Mc Calla, a pro se inmate, filed a claim with the Clerk of the Court on May 6, 2015. On June 19, 2017, the Court scheduled this matter for a trial. Thereafter, defendant, moved to dismiss the claim for lack of jurisdiction because the claim was not served on the Attorney General. Although the claim was removed from the trial calendar, claimant appeared at trial.
At trial, claimant conceded that he did not serve the claim on the Attorney General.
As such the claim must be dismissed for lack of jurisdiction pursuant to Court of Claim Act § 11 (a) (i).
August 15, 2017
Hauppauge, New York
Gina M. Lopez-Summa
Judge of the Court of Claims