Opinion
# 2017-015-105 Claim No. 129411 Motion No. M-93023
01-07-2019
HECTOR RODRIGUEZ v. STATE OF NEW YORK
Hector Rodriguez, Pro Se No Appearance
Synopsis
Claimant's motion to strike defenses was denied as his affidavit of service failed to indicate that the motion was served on the defense counsel.
Case information
| UID: | 2017-015-105 |
| Claimant(s): | HECTOR RODRIGUEZ |
| Claimant short name: | RODRIGUEZ |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 129411 |
| Motion number(s): | M-93023 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Hector Rodriguez, Pro Se |
| Defendant's attorney: | No Appearance |
| Third-party defendant's attorney: | |
| Signature date: | January 7, 2019 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, proceeding pro se, moves to strike the defenses asserted in defendant's answer pursuant to CPLR 3211 (b).
Review of claimant's affidavit of service of the motion papers in this matter indicates the papers were served only on the Court of Claims. Inasmuch as compliance with the requirements for service set forth in CPLR 2214 (b) have not been met, denial of the motion is required. Accordingly, claimant's motion is denied with leave to renew upon proper service.
January 7, 2019
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims Papers Considered:
1. Notice of motion dated September 27, 2018;
2. Affidavit of H. Rodriguez sworn to September 27, 2018, with attachments.