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DRISCOLL v. NEW YORK STATE ATTORNEY GENERAL'S OFFICE LITIGATION UNIT

2038, 115969/08

69 A.D.3d 515 (2010)

894 N.Y.S.2d 386

2010 NY Slip Op 557

MICHAEL DRISCOLL, Appellant, v. NEW YORK STATE ATTORNEY GENERAL'S OFFICE LITIGATION UNIT, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 26, 2010.

The motion court correctly denied claimant's motion for a default judgment as contrary to Court of Claims Act § 12 (1). Defendant, apparently receiving its first notice of this pro se matter on this appeal, also correctly asserts the lack of subject matter jurisdiction in the Court of Claims (see Matter of Fry v Village of Tarrytown, 89 N.Y.2d 714, 718 [1997]; Ranz v Sposato, 77 A.D.2d 408...

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