Opinion
# 2015-010-009 Claim No. 125223 Motion No. M-86153
02-27-2015
MICHAEL MCGRIFF v. THE STATE OF NEW YORK
MICHAEL MCGRIFF Pro Se HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York By: Sherine F. Cummings, Assistant Attorney General
Synopsis
Claimant's application for a default judgment DENIED, defendant did file an answer with the Court.
Case information
| UID: | 2015-010-009 |
| Claimant(s): | MICHAEL MCGRIFF |
| Claimant short name: | MCGRIFF |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125223 |
| Motion number(s): | M-86153 |
| Cross-motion number(s): | |
| Judge: | Terry Jane Ruderman |
| Claimant's attorney: | MICHAEL MCGRIFF Pro Se |
| Defendant's attorney: | HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York By: Sherine F. Cummings, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | February 27, 2015 |
| City: | White Plains |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The following papers were read and considered by the Court on claimant's application for a default judgment: Declaration for Entry of Default Judgment and Exhibits
It appears that claimant is seeking a default judgment against the State because the State failed to set forth the claim number on its answer served upon claimant and because defendant purportedly did not file an answer with the Court. Claimant has not indicated that he had any other claims pending at the time of service of defendant's answer upon him or that he suffered any prejudice or confusion regarding the absence of the claim number on defendant's answer. Additionally, contrary to claimant's assertion, the Court's file indicates that defendant did file an answer to the claim and it was associated with Claim No. 125223 and filed-stamped December 5, 2014.
Accordingly, claimant's motion for entry of default judgment is DENIED.
February 27, 2015
White Plains, New York
Terry Jane Ruderman
Judge of the Court of Claims