SCHULTZ v. THE STATE OF NEW YORK, #2009-033-355, Claim No. 105850, Motion
Claimant(s): JAMES N. SCHULTZ
Claimant short name: SCHULTZ
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Claim number(s): 105850
Motion number(s): M-76151
Judge: James J. Lack
Claimant’s attorney: Thomas T. McVann, Jr., Esq.
Defendant’s attorney: Andrew M. Cuomo, New York State Attorney General
By: J. Gardner Ryan, Assistant Attorney General
Third-party defendant’s attorney:
Signature date: September 21, 2009
See also (multicaptioned case)
This is a claim by James N. Schultz (hereinafter “claimant”) for the appropriation of
property. The claim alleges that on April 5, 1999, the New York State Department of
Environmental Conservation made a determination which disallowed claimant to erect a one
family house on his property. The claim was filed April 3, 2002.
Defendant moves to dismiss the case for failure to state a cause of action and seeks
Claimant submits no opposition to the instant motion.
Based upon the foregoing, the claim is dismissed without opposition.
September 21, 2009
Hauppauge, New York
HON. JAMES J. LACK
Judge of the Court of Claims
1.The following papers were read and considered on defendant’s motion: Notice of Motion to
Dismiss dated January 8, 2009 and filed January 12, 2009; Affirmation of J. Gardner Ryan, Esq.
with annexed Exhibits 1-5 dated January 8, 2009 and filed January 12, 2009.