Opinion
# 2016-015-119 Claim No. 123436 Motion No. M-87337
02-22-2016
SCOTTIE MORRISON v. THE STATE OF NEW YORK
Scottie Morrison, Pro Se Honorable Eric T. Schneiderman, Attorney General By: Glenn C. King, Esquire Assistant Attorney General
Synopsis
Claimant's motion for summary judgment was denied as academic because claim was previously dismissed for improper service.
Case information
| UID: | 2016-015-119 |
| Claimant(s): | SCOTTIE MORRISON |
| Claimant short name: | MORRISON |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 123436 |
| Motion number(s): | M-87337 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Scottie Morrison, Pro Se |
| Defendant's attorney: | Honorable Eric T. Schneiderman, Attorney General By: Glenn C. King, Esquire Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | February 22, 2016 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, proceeding pro se, moves for summary judgment pursuant to CPLR 3212. By Decision and Order dated August 24, 2015, this claim was dismissed for lack of jurisdiction based upon improper service of the claim by regular mail rather than certified mail, return receipt requested, or personal service as required by Court of Claims Act § 11 (a). In addition, claimant's motion to treat his notice of intention as a claim was denied as untimely. Inasmuch as the claim was dismissed on jurisdictional grounds, the instant motion for summary judgment is denied as academic.
February 22, 2016
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims The Court considered the following papers:
1. Notice of motion dated September 4, 2015;
2. Affidavit of Scottie Morrison sworn to September 4, 2016 with exhibits.