Opinion
# 2020-040-012 Claim No. 132389 Motion No. M-94834
02-07-2020
EDWARD LA COMB v. THE STATE OF NEW YORK
Edward LaComb, Pro Se LETITIA JAMES Attorney General of the State of New York By: Albert D. DiGiacomo, Esq., AAG
Synopsis
Claim dismissed as Claimant did not serve the Claim upon Defendant as required by CCA § 11(a).
Case information
| UID: | 2020-040-012 |
| Claimant(s): | EDWARD LA COMB |
| Claimant short name: | LA COMB |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 132389 |
| Motion number(s): | M-94834 |
| Cross-motion number(s): | |
| Judge: | CHRISTOPHER J. McCARTHY |
| Claimant's attorney: | Edward LaComb, Pro Se |
|---|---|
| Defendant's attorney: | LETITIA JAMES Attorney General of the State of New York By: Albert D. DiGiacomo, Esq., AAG |
| Third-party defendant's attorney: | |
| Signature date: | February 7, 2020 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
By Order to Show Cause, originally returnable January 8, 2020 and subsequently adjourned by the Court to January 22, 2020 at Defendant's request, 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 the Office of the Clerk of the Court on December 13, 2018. The State did not file a verified answer to the Claim.
In response to the Court's order, Defendant submitted the Affidavit of Angel M. Davis, an Administrative Specialist II in the Albany Office of the Attorney General. Ms. Davis attests that she is familiar with the digital case management system of the Attorney General's office regarding notices of intention to file claims, claims, and motions that are received in the Attorney General's office and all correspondence received from the Court of Claims. She further attests that, upon a search of the records of the New York State Attorney General's office, no record was found that a Notice of Intention to File a Claim and/or a Claim in this matter has been served on the Attorney General.
Defendant also submitted the Affidavit of Bonnie Cobb, an Administrative Assistant 2 in the Utica Regional Office of the Attorney General. Ms. Cobb attests that she is familiar with the record-keeping system of the Attorney General's office regarding petitions and claims that are served upon the Attorney General. She further attests that, upon her thorough search of the records of the Attorney General's Utica Regional Office, she found no record that a Claim in this matter has been served on the Attorney General.
Claimant did not submit any papers in response to the Court's Order to Show Cause.
Claimant has provided no proof of service of the Claim upon the State of New York.
Accordingly, it is:
ORDERED that this Claim is dismissed.
February 7, 2020
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 Letter from Albert D. DiGiacomo, Esq., Assistant Attorney General, & Exhibits attached 2 Claim 3