Opinion
# 2016-040-012 Claim No. 125780 Motion No. M-87595
02-16-2016
JERMAINE SIE, #11-R-4077 v. STATE OF NEW YORK
Jermaine Sie, Pro Se ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Paul F. Cagino, Esq., AAG
Synopsis
Claim dismissed as Claimant failed to establish he served Claim upon Defendant.
Case information
| UID: | 2016-040-012 |
| Claimant(s): | JERMAINE SIE, #11-R-4077 |
| Claimant short name: | SIE |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125780 |
| Motion number(s): | M-87595 |
| Cross-motion number(s): | |
| Judge: | CHRISTOPHER J. McCARTHY |
| Claimant's attorney: | Jermaine Sie, Pro Se |
|---|---|
| Defendant's attorney: | ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Paul F. Cagino, Esq., AAG |
| Third-party defendant's attorney: | |
| Signature date: | February 16, 2016 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
By Order to Show Cause returnable January 13, 2016, the Court noted that Claimant may have failed to comply with the service requirements of Section 11 of the Court of Claims Act. Claimant was ordered to submit a written statement evidencing 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 instant Claim was filed with the Clerk of the Court on March 12, 2015. The State did not file a verified answer to the Claim. In response to the Order to Show Cause, Defendant submitted an Affidavit of Janet Barringer, an Office Assistant 2 in the Albany Office of the Attorney General, stating that, upon her thorough search of the records of the New York State Attorney General's office, she found no record that a Claim or a Notice of Intention to File a Claim in this matter has been served on the Attorney General. She further states that she "ran" a report detailing "each and every pleading and court letter that has been received by or served upon the defendant in reference to this claimant."
In response to the Court's order, Claimant filed some papers with the Court on January 6, 2016. Claimant submitted a copy of the Court's Order to Show Cause, the cover letter from the Clerk of the Court forwarding the Order to the parties, a copy of the Claim, an Affidavit of Service, sworn to by Claimant on October 16, 2013, stating that he served a Notice of Intention to File a Claim upon the Attorney General and a US Postal Service green return receipt card. Claimant asserts in his Claim that he served a Notice of Intention to File a Claim upon the Attorney General on October 16, 2013 (Claim, ¶ 5). The return receipt card establishes that a letter or package was delivered to the Attorney General in Albany, New York, on October 21, 2013, by certified mail, return receipt requested. Assuming, arguendo, that the article that was signed for on October 21, 2013 was the Notice of Intention to File a Claim, this only establishes that a Notice of Intention to File a Claim was served upon Defendant. Claimant has provided no proof that he served the Claim upon the Attorney General.
Accordingly, it is:
ORDERED that this Claim is dismissed.
February 16, 2016
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 Claim 2 Affirmation of Paul F. Cagino, Esq., Assistant Attorney General & Exhibit attached 3 Claimant's submission in response to Order to Show Cause 4