Opinion
# 2020-015-045 Claim No. 126922 Motion No. M-95361
05-06-2020
RAYMOND JAWORSKI v. STATE OF NEW YORK
No Appearance Honorable Letitia James, Attorney General By: Thomas Trace, Esq., Associate Attorney
Synopsis
Defendant's dismissal motion was denied as moot since the claim was previously dismissed for failure to prosecute.
Case information
| UID: | 2020-015-045 |
| Claimant(s): | RAYMOND JAWORSKI |
| Claimant short name: | JAWORSKI |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 126922 |
| Motion number(s): | M-95361 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | No Appearance |
| Defendant's attorney: | Honorable Letitia James, Attorney General By: Thomas Trace, Esq., Associate Attorney |
| Third-party defendant's attorney: | |
| Signature date: | May 6, 2020 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Defendant moves to dismiss claim number 126922, filed on October 26, 2015, on the ground it was improperly served by regular mail and not one of the methods of service prescribed by Court of Claims Act § 11.
The claim was dismissed by Decision and Order dated February 14, 2020 (filed Mar. 11, 2020) for failure to prosecute pursuant to CPLR 3216 and Court of Claims Act § 19 (3).
Accordingly, the defendant's motion is denied as academic.
May 6, 2020
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims Papers Considered: 1. Notice of motion dated February 27, 2020; 2. Affirmation dated February 27, 2020, with Exhibits A-C.