New York State Court of Claims

New York State Court of Claims

Bressette v. The New York State Division of Parole Board and All Agencies and The Chairman Brion D. Travs, #2000-011-504, Claim No. 101461, Motion No. M-61015


Synopsis


The defendant has moved to dismiss the claim on the basis that it was not served in a manner prescribed by Court of Claims Act, Section 11.

Case Information

UID:
2000-011-504
Claimant(s):
Charles Bressette, 68 B 0038
Claimant short name:
Bressette
Footnote (claimant name) :

Defendant(s):
The New York State Division of Parole Board and All Agencies and The Chairman Brion D. Travs
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101461
Motion number(s):
M-61015
Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Charles Bressette, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Belinda A. Wagner, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
March 22, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision


Defendant has moved to dismiss the claim on the basis that it was not served in a manner

prescribed by Court of Claims Act, Section 11.

Court of Claims Act Section 11 requires that a claim be served either personally or by certified mail return receipt requested. Failure to serve the claim in the manner prescribed by the statute results in a lack of personal jurisdiction (Thomas v State of New York, 144 AD2d 882). Defendant has provided a copy of the envelope in which the claim was received and the postage markings on the envelope indicate that mailing was done by regular mail. Based upon the affirmation of the attorney and the copy of the envelope, the motion is granted and the claim is dismissed.


March 22, 2000
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims


Papers Considered:
1. Notice of Motion dated January 6, 2000.
2. Affirmation of Belinda A. Wagner, Esq., dated January 6, 2000 with exhibits attached.
3. Unsworn letter dated January 12, 2000 of Charles Bressette.
4. Reply Affirmation of Belinda A. Wagner, Esq., dated January 26, 2000.