SCHULTZ v

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					SCHULTZ v. THE STATE OF NEW YORK, #2009-033-355, Claim No. 105850, Motion
No. M-76151

                                             Synopsis



                                         Case Information

UID:                                  2009-033-355
Claimant(s):                          JAMES N. SCHULTZ
Claimant short name:                  SCHULTZ

Footnote (claimant name) :
Defendant(s):                         THE STATE OF NEW YORK

Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):

Claim number(s):                      105850

Motion number(s):                     M-76151
Cross-motion number(s):

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
City:                                 Hauppauge
Comments:

Official citation:
Appellate results:
See also (multicaptioned case)



                                               Decision

         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
summary judgment1.
     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.

				
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